EPLEGAL’S NEWSLETTER – SEPTEMBER 2020

EPLegal’s Newsletter – September 2020

In this edition of our Newsletter, we report on:

  1. EPLegal’s achievement in the ranking of IFLR 1000 and Asialaw;
  2. Announcement of EPLegal’s new Da Nang branch;
  3. The newly revised 2020 Law on Enterprises, Law on Investment, Law on PPP and Law on Construction;
  4. Our analysis on the Singapore Convention on Mediation and its potential impact to Vietnam; and
  5. Our comments on the Drafted Provisions on Expedited Arbitration of the 72nd UNCITRAL Working Group II.

Please click the link below to read our Newsletter: Vietnamese version | English version

THE EXPEDITED ARBITRATION UNDER 72ND SESSION OF THE WORKING GROUP II – THE SOLUTION TO THE EFFICIENCY OF ARBITRATION

The solution to the efficiency of arbitration

From 21 September 2020 until 25 September 2020, the 72nd Session of the Working Group II (“WG II”) is taking place to discuss a Revised Draft of the expedited arbitration provisions (“Revised Draft”).

The UNCITRAL at its 51st Session gave the WG II the mandate to develop proposals that can enhance the efficiency of arbitration and ensure the quality of the proceedings. This mandate reflects the reality that arbitration is increasingly criticised for, among other things, being too lengthy and time-consuming. Moreover, the legitimacy of arbitration is more frequently questioned. Therefore, the UNCITRAL directed the WG II to take up issues relating to expedited arbitration to respond to this criticism.

In general, expedited arbitration is considered to be particularly appropriate for small disputes. It is a simplified form of proceedings and already introduced by a number of arbitral institutions. There is a variety of features permitting to expedite the arbitral proceedings – for example, providing for sole arbitrator instead of a panel of three, reducing the time limits for the various actions related to the proceedings, reducing the number of submissions, etc.

According to the Revised Draft, the express consent of the parties is the only triggering factor for the expedited arbitration to be applied (draft provision 1), however, the WG II is discussing if and where guidance could be offered to parties on when to refer a dispute to expedited arbitration. At the same time, The WG II is currently taking into account the following issues: (i) the complexity of the transactions and the number of parties involved; (ii) the need to hold hearings; (iii) the possibility of joinder or consolidation; and (iv) the likelihood of an award being rendered with the provided time frames.

Individuals who are interested in the expedited arbitration could refer to the Revised Draft of the WG II and Comments on the Revised Draft of expedited arbitration made by Mr. Tony Nguyen – Founding Partner of EPLegal.

Further information can be found here:

Revised Draft of Expedited Arbitration

Comments on the Revised Draft of Expedited Arbitration

MR. TONY NGUYEN – FOUNDING PARTNER OF EPLEGAL – WILL SPEAK AT THE IBA ASIA PACIFIC ARBITRATION GROUP (APAG) WEBINAR

Mr.Tony Nguyen will speak at the APAG webina

On 7 August 2020, Mr. Tony Nguyen – Founding Partner of EPLegal – will be speaking at the IBA Webinar “Arbitration in Practice: a close look at the IBA Rules on the Taking of Evidence in International Arbitration”, which is part 3 of 4-part webinar series and hosted by leading arbitration practitioners in the IBA Arbitration Committee.

The webinar series will take a closer look at each of the IBA documents:
1. Guidelines for Drafting International Arbitration Clauses
2. Guidelines on Conflicts of Interest in International Arbitration
3. Rules on the Taking of Evidence in International Arbitration
4. Guidelines on Party Representation in International Arbitration

It is common knowledge that international arbitration brings parties and counsel from various different legal cultures together, which means that there are certain standards on taking of evidence that the parties’ counsel may disagree with each other. Therefore, the issuance of IBA Rules offers an efficient, economical and fair process for the taking of evidence.

This webinar will provide the participant with the best practices in relation to document production, witness and expert evidence, evidential hearing as well as admissibility of evidence. On his part, Tony will share his comments on the issue of assessment and admissibility of evidence, together with the extent of the IBA Rules adopted in international arbitration cases.

The webinar will take place from 3:30-4:45 pm (Vietnam time) via zoom platform.

To find out more about this webinar series, please visit here.

EPLEGAL ATTENDED CONSULTATION WORKSHOP ON THE INVESTOR – STATE DISPUTE SETTLEMENT IN VIETNAM HELD BY MINISTER OF JUSTICE

EPLegal attended consultation workshop on investor

On 22 July 2020, Mr. Tony Nguyen – Founding Partner of EPLegal – was invited to attend the consultation workshop on enhancing the effectiveness of investor-state dispute settlement (ISDS) in Vietnam, which held by Minister of Justice (MOJ) in Ha Noi.

EPLegal attended consultation workshop on investor

Several leading practitioners in ISDS’s attendance at this consultation offered an extensive discussion on ISDS in Vietnam among these participants, which included the causes leading to the investor-state disputes, certain hurdles in ISDS in Vietnam and solutions to these problems during the ISDS.

As a guest speaker, Mr. Tony Nguyen made a presentation on enhancing the role of Vietnamese lawyers and arbitrators in ISDS, as well as shared his practical experience in ISDS from the international perspectives.

REVIEW OF THE SEMI-ONLINE CONSULTATION ON INTERNATIONAL ARBITRATION FOR PVN AND ITS SUBSIDIARIES

Review of the semi-online consultation

From 29 June to 2 July 2020, EPLegal successfully organized two consecutive semi-online consultation programs on international arbitration for Petro Vietnam and its subsidiaries. The programs were attended by around 150 in-house lawyers and non-lawyer professionals from PetroVietnam (PVN) and 36 subsidiaries of PVN in Hanoi and Ho Chi Minh City.

The 2-day program’s topics covered

  1. General overview of international arbitration,
  2. The special characteristics of Vietnam’s law in relation to international arbitration,
  3. A simulated arbitration process,
  4. In-depth knowledge of international arbitration proceedings, and
  5. International dispute resolution strategies, all which were presented by outstanding arbitration practitioners in Vietnam and Asia.

The program was informative and highly appreciated by the participants. Through the consultation, the participants gained knowledge of international arbitration from an in-house counsel perspective, as well as enhanced practical skills and knowledge through a simulated arbitration process and tutorials with numerous case studies.

For more information, please visit here.

EPLEGAL CONDUCTING A SEMI-ONLINE CONSULTATION ON INTERNATIONAL ARBITRATION FOR PVN AND ITS SUBSIDIARIES

EPLegal conducting a semi-online consultation

From today (29 June) until 2 July 2020, EPLegal is organizing a semi-online consultation program on international arbitration for PetroVietnam (PVN) and its subsidiaries in Hanoi and Ho Chi Minh City. This program is intended for in-house lawyers and non-lawyer professionals who want to gain knowledge of international arbitration from an inhouse counsel perspective. The consultation will provide participants with insights into international arbitration and will help them enhance practical skills and knowledge through a simulated arbitration process and tutorials with numerous case studies.

EPLegal conducting a semi-online consultation

Panelists of the program include outstanding arbitration practitioners in Vietnam and Asia, namely:

  1. Mr. Nguyen Trung Nam – Founding Partner of EPLegal
  2. Ms. Ngo Quynh Anh – Managing Partner of EPLegal
  3. Mr. Phan Trong Dat – Deputy Secretary General of VIAC
  4. Mr. Tuong Duy Luong – Former Deputy Chief Justice of the Supreme People’s Court, and Arbitrator of VIAC
  5. Mr. Timothy Cooke – International Arbitration Partner of Stephenson Harwood (Singapore)
  6. Mr. Steven Lim – Independent Arbitrator and Barrister, 39 Essex Chambers (London, Singapore)
  7. Mr. Colin Ong – Queen’s Counsel, 36 Stone Chambers (London)
  8. Ms. Koh Swee Yen – Partner of WongPartnership LLP (Singapore), Vice-Chair of the IBS Arbitration Committee
  9. Mr. Matthew Finn – Managing Director at Ankura (London, England)
  10. Mr. Tigran Ter-Martirosyan – Director in the Singapore office of BRG

The event will last 4 days, in which the first two days (29-30/6) shall take place in Hanoi and the remaining two days (1-2/7) shall be organized in Ho Chi Minh City with the same content structure as follows:

Day 1 (29/6 and 1/7) topics will cover (i) General overview of international arbitration, (ii) The special characteristics of Vietnam’s law in relation to international arbitration, and (iii) A simulated arbitration process conducted by EPLegal team.
Day 2 (30/6 and 2/7) will focus on (i) In-depth knowledge of international arbitration proceedings; and (ii) International dispute resolution strategies.
EPLegal is proud to be the sole organizer of this consultation program which is attended by around 150 participants coming from 36 subsidiaries of PVN.

MR. TONY NGUYEN – FOUNDING PARTNER OF EPLEGAL – WILL SPEAK AT THE APCCA’S COVID-19 WEBINAR

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Mr. Tony Nguyen will speak at the APCCA’s Covid-19 Webinar

On 26 June 2020, Mr. Tony Nguyen – Founding Partner of EPLegal – will speak at the Asia Pacific Corporate Counsel Alliance (APCCA)’s COVID-19 Webinar “Understanding the Vietnam Regulatory & Business Framework arising from COVID-19”. The programme is hosted by the Singapore Corporate Counsel Association (SCCA) from 5:00 pm to 6:00 pm via zoom platform.

The event will provide participants with a brief overview of the laws and regulations issued to implement measures and restrictions to and the existing business framework in Vietnam because of the COVID-19 health crisis. The webinar will also discuss how COVID-19 affects work-life, especially from an HR and management standpoint.

APCCA was formed in 2009 at the first regional corporate counsel conference (organised by SCCA in Singapore) with signatories being the SCCA, Indonesia Corporate Counsel Association (IndonesiaCCA), In house Counsel Forum – Korea (IHCF), and Association of Corporate Lawyers Sri Lanka (ACLSL). In 2011, APCCA was formally launched at the third such conference (organised by the IndonesiaCCA in Jakarta ) with the Malaysian Corporate Counsel Association (MCCA), Legal Management Council of Philippines (LMCP) and Indian Corporate Counsel Association (IndiaCCA) joining the alliance.

For more information, please visit here.

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EPLEGAL ATTENDED SEMINAR HELD BY BAO PHAP LUAT VIET NAM

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EPLegal attented Seminar held by Bao Phap Luat Vietnam

On 23 June 2020, Mr. Tony Nguyen – Founding Partner of EPLegal – attended a seminar of Bao Phap Luat Viet Nam (Vietnam Law Newspaper) in Hanoi. The seminar is in a series of events aiming to celebrate the 35th anniversary of Bao Phap Luat Viet Nam (10 July 1985 – 10 July 2020).

Bao Phap Luat Viet Nam is a mouthpiece of the Vietnamese Ministry of Justice, which performs the task of information about the activities of the Ministry of Justice and the justice sector, and carries out law propaganda and education.

EPLegal is proud to be a trusted partner of the Vietnamese Ministry of Justice, with lawyers who regularly participate in teaching and supporting legal research with units of the Ministry of Justice such as the Judicial Support Department and the International Law Department.

For more details, please visit here.

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EPLEGAL PARTNERS ATTENDED VIETNAM ADR WEEK 2020 FROM 15 TO 19 JUNE

EPlegal partners attend Vietnam ADR week 2020

During June 15 – 19, 2020, the Vietnam International Arbitration Center (VIAC) has coordinated with more than 20 national and international partners to organize Vietnam ADR Week 2020 (VAW 2020) in Hanoi and Ho Chi Minh City. This event took place to mark a milestone for 10 years of Law on Commercial Arbitration (June 17, 2010) with over 1,000 offline and 20,000 online participants.

Mr. Tony Nguyen and Ms. Annie Ngo, Partners of EPLegal, have attended seminars of VAW 2020 in Hanoi and webinars held in Ho Chi Minh City. Tony also played the role of speaker and moderator of many seminars of VAW 2020.

VAW 2020, with 11 events lasting from June 15-19, was not only on arbitration and mediation matters but also provided many practical contents related to businesses during the COVID-19 pandemic as well as in the context of Vietnam preparing to join EVFTA. Furthermore, VAW 2020 was a great opportunity for participants to interact with 50 leading national and international experts in economics and law fields, as well as an exchange forum between lawyers, legal experts, arbitrators, mediators, representatives from many enterprises.

For detail information about this event, please visit: http://www.viac.vn/

THE OPENING CEREMONY OF EPLEGAL’S NEW BRANCH IN DA NANG CITY

The opening EPLegal’s branch in Da Nang city

After a busy period of preparation, today, on June 03, 2020, EPLegal officially opened its new branch in Da Nang City. The opening ceremony took place in a cosy atmosphere with the attendance of EPLegal’s traditional clients and fellow lawyers.

EPLegal Da Nang Branch

Located in the central area of Hai Chau District, Da Nang City, EPLegal’s branch in Da Nang City will become an important connection with customers, especially customers in central Vietnam. This also marked a new step of EPLegal after expanding to the United Kingdom in November 2019. In addition, with the establishment of EPLegal’s branch in Da Nang City, EPLegal hopes that in the future there will be opportunities for development cooperation with fellow lawyers in the central region of Vietnam.