Dispute Resolutions & Arbitrartion

In commercial disputes, the most important issue is not merely achieving a legal victory, but recovering the amounts paid, the costs incurred and the losses suffered in connection with the transaction. An effective litigation strategy should begin with the end point: the practical enforceability against assets in Vietnam, and then work backwards to determine the appropriate forum, develop the evidentiary record and decide the right time to negotiate. This is how HM&P approaches every dispute.

We advise and represent domestic enterprises, foreign-invested enterprises and international investors in commercial, corporate, investment, M&A, real estate and construction, and employment disputes before Vietnamese courts and domestic and international arbitral institutions, including VIAC, ICC and SIAC. In cross-border matters, we regularly work alongside international counsel as Vietnam counsel, providing legal opinions on Vietnamese law, collecting evidence locally, and handling recognition and enforcement proceedings in Vietnam.

Our Approach

A dispute is a business decision, not merely a legal proceeding. From the outset, HM&P provides clients with a candid and straightforward assessment of three factors: the legal merits of the case, the practical enforceability against the judgment debtor, and the overall costs and timeframe associated with each available course of action. On that basis, we design a strategy aligned with the client’s commercial objectives. Our practical experience shows that some matters must be pursued through to a final judgment or award, while in others, an early negotiated settlement backed by a strong litigation position may deliver the best outcome for the client.

Where a matter requires urgent action, we assist clients in seeking interim emergency measures to freeze assets, preserve evidence and prevent further losses. This is often a decisive factor in shaping the course of the entire dispute before the first hearing even takes place.

HM&P’s litigation capabilities also form the foundation of our transactional advisory work: we draft dispute resolution clauses and advise on governing law and arbitration mechanisms from the perspective of those who may ultimately have to enforce them when a dispute arises.

Scope of Services

• Commercial contract and business transaction disputes;
• Disputes among shareholders, capital-contributing members and corporate managers;
• Disputes arising from M&A transactions, investments, joint ventures and shareholders’ agreements;
• Real estate, construction and commercial lease disputes;
• Labour and employment disputes;
• Cross-border disputes and coordination with international counsel in the capacity of Vietnam counsel;
• Representation in arbitration proceedings before VIAC, ICC and SIAC, and in litigation before Vietnamese courts;
• Dispute resolution strategy, negotiation and commercial mediation;
• Interim emergency measures, including asset freezing, preservation of evidence and prevention of infringing conduct;
• Recognition and enforcement of foreign arbitral awards in Vietnam; applications to set aside or opposition to applications to set aside arbitral awards;
• Enforcement of court judgments and arbitral awards, and handling of post-dispute matters.