Frasers Law Company Podcasts

16/01/2024 12:00

Stay tuned for the latest legal developments in Vietnam and how they impact domestic and international businesses. Our highly experienced legal team will provide practical and commercial insights along with featured guests from the business and legal community.

 

In our latest episode of Meet the Arbitral Institutions Series, we feature the London Court of International Arbitration (LCIA). Tracing its roots to the City of London Chamber of Arbitration in 1891, the LCIA is one of the oldest and most prestigious arbitral bodies in the world dealing with international disputes. The LCIA's international history is reflected in the fact that over 80% of parties in ongoing LCIA cases are not of English nationality. Our guest for this episode is Ms Wing Shek, Deputy Registrar of the LCIA.

Ms Shek supervises the casework team responsible for the administration of cases relating to Asia, Eastern Europe, Russia, and the Middle East. Wing joined the LCIA full-time as Counsel in 2009, after receiving her LLM from the School of Oriental and African Studies. Before this, she spent three years at the International Commission on Holocaust Era Insurance Claims (ICHEIC), where she worked with European insurance companies, claimants, and arbitrators, and administered arbitrations in her role as Case Analyst and Appeals Process Advisor. Wing holds an LLB from Queen Mary University of London.
 

We feature the Japan Commercial Arbitration Association (JCAA). The JCAA, a private non-profit organisation, has been dedicated to efficiently and fairly resolving both international and domestic commercial disputes through its arbitration and mediation service for over 70 years. Our guest speaker is Mr Shinji Ogawa, Case Manager for Arbitration & Mediation of the JCAA.

Mr Ogawa manages JCAA's arbitration and mediation cases. His main responsibilities involve ensuring efficient and effective arbitration and mediation processes, from case intake to arbitrator selection, to review of draft awards. Mr Ogawa has played a key role in updating the JCAA rules in 2021 to enhance further the centre's efficiency in handling arbitration cases.

 

Institutional arbitrations or one that is administered by arbitral institutions (as opposed to ad hoc arbitrations) are widely considered to be more advantageous to contracting parties as institutions have an established set of rules and they manage effectively both the time and cost in the arbitration process.

When drafting dispute resolution clauses in contracts, contracting parties often find themselves listing various options for administering arbitral institutions and weighing the appropriateness of the type of dispute arising from their contracts to the competence of the arbitral institution, and other factors such as costs, scrutiny of awards, and enforceability of awards.

For our first episode of Meet the Arbitral Institutions Series, we feature the Permanent Court of Arbitration (PCA) which formally opened its Hanoi office on 24 November 2022 indicating the importance the PCA puts into the Vietnam market and the surrounding region. The episode is moderated by Earl Rivera-Dolera with guest speaker Neil Nucup, Legal Counsel of the PCA, PCA Representative in Vietnam and Head of the PCA Office in Hanoi.  

 

Frasers Law Company's Head of Tax, Phan Xuan Qui, and Associate Dang Dinh Duc discuss the investment incentives that are currently available under the Vietnamese legal framework for investors such as tax holidays, tax reductions, and preferential tax rates subject to the locations, industry and other qualifications. Our speakers also share industry insights and practical notes for investors when considering an investment in Vietnam with respect to negotiating with the Vietnamese authorities.