Arbitration Practice

Our arbitration team brings extensive experience in proceedings before major arbitration centers in Vietnam and internationally. Our lawyers serve both as counsel and, when appointed by parties, as arbitrators at domestic and international arbitration institutions.

Our arbitration team has acted in domestic and international arbitral proceedings across a wide range of disputes — including sale of goods, commercial, banking, construction, mergers and acquisitions, and shareholder disputes.

A defining feature of Ngo & Partners’ practice is our considered preference for arbitration as a means of resolving commercial disputes. We recognize the distinctive advantages of arbitration — as well as the limitations that court litigation may present in matters involving commercial sensitivities, business confidentiality, or disputes requiring efficient, fair, and legally sound resolutions.

We provide comprehensive arbitration services, including:

  1. We conduct case assessments and develop arbitration strategies for clients, such as:
    • Comprehensive review and assessment of legal documents, contracts and all relevant evidence.
    • In-depth legal risk analysis and advice on the optimal arbitration strategy.
    • Identification of legal grounds and development of a robust strategic plan to maximize protection of the client’s interests.
  2. We represent clients in arbitration proceedings, including:
    • Full representation before domestic and international arbitral institutions (VIAC, ICC, SIAC, HKIAC, etc.).
    • Preparation of case submissions, legal arguments and all procedural documents.
    • Negotiation with opposing parties to secure the best possible outcome.
  3. We specialize in disputes relating to corporate & M&A, including:
    • Resolution of disputes between shareholders, business partners, and those arising from M&A transactions.
    • Handling disputes concerning ownership rights, transfer of shares/capital contributions, and breaches of contract.
  4. We specialize in infrastructure & construction disputes, including:
    • Resolution of construction contract disputes, project delays, and claims for damages.
    • Representing clients in matters involving investors, contractors, or state regulatory authorities.
  5. We advise and support clients in implementing alternative dispute resolution (ADR) methods, such as:
    • Facilitation of mediation, negotiation and ad hoc arbitration to achieve out-of-court settlements.
    • Representation in settlement discussions to avoid protracted proceedings.
  6. We also advise clients on the recognition and enforcement of foreign arbitral awards and decisions in Vietnam, such as:
    • Full assistance with recognition and enforcement proceedings in Vietnam for foreign court judgments and international arbitral awards in strict compliance with applicable laws.
    • Proactive representation and negotiation to ensure swift and effective enforcement while minimizing further disputes.

Highlight Deals(*)

  • Advised a local hydropower company in the resolution of a dispute at the Vietnam International Arbitration Centre (VIAC) with foreign contractor under an EPC contract for a hydropower plant project in the Central Highlands, with a dispute value exceeding USD 250 million;
  • Advised founding shareholders and guarantor shareholders in the settlement of a dispute with a global pharmaceutical corporation at a foreign arbitration center concerning an acquisition transaction in a joint venture pharmaceutical company, with a dispute value exceeding USD 60 million;
  • Represented a leading domestic bank in the resolution of a credit agreement and letter of guarantee dispute with a subsidiary and Triyards Holdings Limited at VIAC, with a total dispute value of approximately USD 14 million. The client's entire claim was upheld by the VIAC Arbitration Panel;
  • Advising Agribank — one of Vietnam's largest state-owned banks — in resolving a dispute with a Joint-Name Contractors arising from the Headquarters Building Design Contract, valued at USD 10 million, administered under the VIAC Rules;
  • Advising Saigon Port Coal Company in resolving a dispute against Indonesian Sellers arising from a Coal Sale and Purchase Contract with the disputed value at USD 8 million, administered under the SIAC Rules;
  • Represented an international project consulting firm in the recovery of USD 4 million in project management fees from the investor of a large-scale real estate and entertainment project in Long An Province. The TRACENT Arbitration Panel upheld the client's claim in full;
  • Represented the subsidiary of Monsanto (Singapore) in the resolution of multiple disputes with domestic distributors through arbitration. A portion of the client's counterclaim was upheld by the TRACENT Arbitration Panel;
  • Represented the Vietnamese subsidiary of a multinational corporation in the resolution of a loan agreement dispute with the subsidiary's shareholder at VIAC; and
  • Represented the subsidiary of a French company in the resolution of an exclusive distribution agreement dispute with a domestic company at VIAC.
(*) Some of these cases that the lawyers at Ngo & Partners have advised on or represented at the law firms where they previously worked.

NGO & PARTNERS LLC

Address: Suite 903, Diamond Plaza, 34 Le Duan, Saigon Ward, Ho Chi Minh City, Vietnam
Business Office: Villa No. 28, Street No. 53B, Cat Lai Ward, Ho Chi Minh City, Vietnam
Phone: (+84) 28 6292 5555
Hotline: (+84) 97 999 7008
Email: info@ngo-partners.com
Website: www.ngo-partners.com