Dispute Resolution

Finding a workable solution to a complex dispute can be challenging – litigation can be a complicated and lengthy process and Vietnam’s arbitration regime continues to be an evolving legal area. Frasers’ Dispute Resolution & Arbitration team thrives on this challenge, and when resolving a dispute, we combine our commercial and legal experience to determine the best options for each client. Through the combined collaborative approach and innovative thinking of our integrated team, we can address problems from a variety of angles, ensuring we achieve the best solution. We think commercially, understand the importance of maintaining business continuity, and will work toward that end every step of the way.

A sampling of our highlight matters in this area includes:

• Advising a major Chinese hydropower project contractor in relation to a dispute with respect to an Engineering, Procurement and Construction (EPC) contract for a Waste-to-Energy project in Can Tho province, between the client and a Vietnamese energy company.
• Advising a consortium of Japanese construction companies in an arbitration against a state authority of Vietnam relating to the extension of time and prolongation delays in an ongoing railway construction project in Vietnam.
• Acting for a leading semiconductor producer in relation to the ongoing construction of the client’s plant in Vietnam valued at US$ 1.6 billion, against the suspected out-of-specification piling undertaken by the sub-contractor. 
• Advising our client, a Japanese energy company, in relation to a dispute against their business partners for the violation of an investment agreement that includes the unauthorised transfer of funds, forged documents, and share purchase agreements.
• Acting for a major Japanese trading company against a Vietnamese company in relation to its high value and highly contentious dispute against a fellow shareholder in a large-scale plastics manufacturing operation in Vietnam (SIAC arbitration) and its parallel intra-Vietnam proceedings.
• Acting for an Indian multinational consumer goods company in relation to the potential dispute over 20,000 sqm of land in Tan Dong Hiep B industrial zone, Di An City, Binh Duong province (estimated minimum value 4 million USD).
• Advising in relation to potential disputes of a private equity client from the Cayman Islands in relation to the recovery of its high-value investments in Vietnam. This involved intensive document review and understanding the contract issues and the nuances of enforcing the rights in that contract in various jurisdictions. The advice also required a deep understanding of bankruptcy laws, and insolvency laws against entities in Vietnam, Singapore, and BVI and individuals who are citizens of the United States and Vietnam. 
• Advising a leading construction company in relation to a dispute arising from a distribution and construction contract for a hotel and resort casino project.
• Representing a US technology company in the education sector in an SIAC arbitration for non-payment by its Vietnamese partner of minimum guaranteed marketing payments despite repeated demand for payment.