LITIGATION AND DISPUTE RESOLUTION

LITIGATION AND DISPUTE RESOLUTION

Litigation and dispute resolution is one of BFSC’s key practice areas and has helped establish the firm’s position in Vietnam’s legal services market for businesses.

BFSC is recognised as a Vietnamese law firm with in-depth legal knowledge and extensive practical experience in commercial litigation and dispute resolution in Vietnam.

BFSC has advised on and represented clients in numerous complex commercial disputes, seeking resolution through out-of-court mediation and through mediation and adjudication before Vietnamese arbitral tribunals and courts. These disputes have included:

• Investment disputes, including disputes arising from capital contributions, share acquisitions, joint ventures for the implementation of investment projects, business cooperation arrangements for investment projects, the provision of credit facilities for investment projects, transfers of investment projects and assignments of project contracts.
• Contractual disputes, including disputes arising from investment contracts, merger and acquisition (M&A) agreements, credit agreements, insurance contracts, commercial contracts, transport contracts, sublease agreements for industrial land, assignments of land lease rights, contracts in the real estate business sector, construction contracts and project contracts.
• Corporate governance disputes, including disputes between shareholders or members of a company concerning the management and operation of the enterprise and the duties and liabilities of its corporate managers.
• Mergers and acquisitions (M&A) disputes, including disputes relating to transactions involving the acquisition or transfer of shares, capital contributions, projects and assets, as well as the division, separation, merger and consolidation of enterprises.
• Finance and banking disputes, including disputes arising from credit agreements and facilities structured as loans, syndicated loans, guarantees and letters of credit, as well as secured transactions and the enforcement of security interests.
• Capital markets disputes, including disputes concerning obligations to repay bond principal and interest, obligations relating to covered warrants and other securities, the performance of guarantee obligations, and the enforcement of security interests securing payment obligations.
• Insurance disputes, including disputes arising from non-life insurance contracts covering property, goods and carriers’ liability.
• Transport and logistics disputes, including disputes relating to road transport, inland waterway transport, maritime transport, air transport, multimodal transport, logistics and freight forwarding.
• Domestic and international commercial contract disputes, including disputes arising from contracts for the sale and purchase of goods, the provision of services, commercial agency, entrusted sale and purchase of goods and other commercial arrangements.
• Construction disputes, primarily concerning project delays, quality of works and payment obligations arising under construction contracts, engineering, procurement and construction (EPC) contracts, joint venture agreements and subcontracting agreements in public investment, public-private partnership (PPP) and privately funded projects.
• Real estate business disputes, primarily concerning joint venture agreements for project implementation, business cooperation contracts for project implementation, construction contracts for project works, industrial land sublease agreements, leases of assets attached to land, contracts for the sale or lease of construction works, and transfers of real estate projects.
• Debt recovery and debt resolution, primarily involving outstanding debts arising from or in connection with investment activities, business operations and contractual relationships.

BFSC’s experience in commercial litigation and dispute resolution also includes:

• Advising on and representing clients in administrative complaints and complaints against administrative sanctions.
• Advising on and handling competition law, monopolistic practices and trade remedies matters.
• Providing criminal defence representation and protecting the rights and legitimate interests of corporate managers and enterprises in criminal proceedings involving economic offences and offences relating to the abuse of position or authority.
• Advising on the management and transfer of, and the resolution of disputes relating to, corporate managers’ capital interests, shares, assets and property rights in enterprises.
• Advising and representing clients in proceedings to seek enforcement of arbitral awards and court judgments and decisions.

BFSC’s commercial litigation and dispute resolution services are highly regarded by businesses and investors in Vietnam. Drawing on our lawyers’ extensive experience in both legal advisory work and dispute resolution proceedings, BFSC delivers effective legal solutions designed to facilitate the timely and efficient resolution of commercial disputes while achieving clear economic benefits for clients.