1. ARBITRATION AND ADR

Arbitration & ADR 

Arbitration and Alternative Dispute Resolution (ADR) are increasingly being employed to resolve disputes arising out of commercial activities, including those related to investment, M&A, construction, commerce, transportation, insurance, and capital funding. At BFSC, we are increasingly involved in consultancy on dispute resolution by out-of-court mediation, arbitration and arbitral proceedings. 

We give advice on arbitration (including arbitration in parallel with court dispute resolution in some cases) in relation to drafting and negotiating transactions with the establishment of arbitration and alternative dispute resolution (ADR) agreements in the contracts, which comes with structuring the transactions so as to harmonize interests and ensure legal safety. 

We give advice on and provide solutions to resolve disputes before lawsuits are initiated in order to save time and minimize adverse effects on related parties. These efforts include self-mediation or mediation through the Mediation Committee, Advisory Board, Independent Mediator, and Arbitration. Our experience with these forms of dispute resolution results in the continuation of the transaction after mediation and save a significant amount of time for dispute resolution, compared to conventional proceedings. 

We also advise on dispute resolution and provide solutions to resolve disputes through arbitration proceedings. With our advice, the parties to the dispute have reached a final agreement on almost issues while significantly saving time and costs of litigation. We also supply solutions to ensure the enforceability of arbitration awards as well as counsel and represent clients to enforce arbitration awards. 

Our efforts to resolve disputes through Alternative Dispute Resolution (ADR), typically our arbitration proceedings service, are recognized as effective and time-saving thanks to a combination of legal knowledge and dispute resolution experience of our barristers s with unlimited support of a team of solicitors who possess extensive knowledge and practical experience in the fields of corporate and transaction consulting.  

Typical experiences in the field of Arbitration and ADR: 

Advising on all industrial real estate lease transactions of industrial park projects, with arbitration as a method of dispute resolution. 

Advising and mediating a dispute related to transition procedures arising from the acquisition of all contributed capital worth $15.2 million in total of co-owners of an industrial real estate project where the buyer is a Vietnam-based enterprise operating in multiple industries. 

Advising and acting as a representative in the arbitration of a dispute related to the payment of a construction contract worth $10.5 million between a foreign contractor operating in Vietnam and a Vietnamese foreign-invested enterprise.  

Advising and acting as a representative in the arbitration proceedings of a dispute over the quality of goods in a goods sale and purchase contract worth $8.6 million between a foreign-invested enterprise and a domestic enterprise. 

Advising and acting as a representative in the implementation of procedures for recognition and enforcement in Vietnam of a foreign arbitral award worth $5.5 million related to a Vietnamese export entrustment enterprise.