- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
- 02873080839
- https://hmplaw.vn/
Litigation & Arbitration
In M&A, completing the transaction does not mean that the risk has been closed. It is only after the time of the transfer of shares that the issues that were previously outside the due diligence dossier: from tax obligations, undisclosed debts, false information to violations of the seller's commitments can begin to emerge.
A provision to maintain order in the trial may be necessary. But when the chosen measure no longer stopped at controlling audio and video recording, but changed to prohibiting the bringing of phones, computers and electronic devices into the courtroom, the story was no longer just a court rule. It raises a larger question: how far does the body that issues documents under the law go when "manage" at the same time narrows the rights guaranteed by the Constitution and the law?
An expiration of the lease does not mean that the premises will automatically return to the lessor. In fact, many businesses fall into the situation that the lessee still continues to do business, leaving goods and equipment, not paying the amounts incurred but also refusing to hand over. The longer it lasts, the more the lessor loses the opportunity to exploit the property, incurs management costs and faces pressure to "get back" the premises themselves.
In warehouse lease contract disputes, the lessor often thinks that it has an advantage when the property is damaged, the handover is unsatisfactory and the actual repair costs are incurred. However, from a cracked warehouse floor to a judgment forcing the lessee to compensate is a significant legal gap.
In trade disputes, what gives rise to disagreements is not always one party failing to deliver on its commitments. In many cases, the parties invoke the contract itself to protect themselves, but read the same clause in completely different interpretations. The difference in interpretation not only determines when the contract ends, but also entails many other unpredictable consequences.
A patent is often seen as a recognition of research achievements and a basis for the exclusive owner to exploit the technology in the market. However, in business practice, the value of a patent is determined not only by the granting of the title, but also by the ability of the owner to effectively enforce his or her rights when infringement occurs.
When doing business, most businesses spend a lot of time looking for customers, negotiating prices and expanding markets. However, not all businesses pay commensurate attention to contract development and management. In fact, many commercial disputes worth tens or even hundreds of billions of VND do not stem from deception or deliberate violations of one party, but stem from inadequate terms, agreements that have not been fully recorded or subjectivity in the process of performing contracts.
In the context of deepening international economic integration, Vietnam has signed and participated in many investment promotion and protection agreements, new-generation free trade agreements and high commitments on foreign investor protection. By the end of 2025, Vietnam has been responding to more than 30 lawsuits initiated by foreign investors. Accordingly, on April 23, 2026, the National Assembly passed Resolution No. 20/2026/QH16 on coordination mechanisms and specific policies to improve the effectiveness of international investment dispute prevention and settlement ("Resolution 20/2026"). However, despite the Resolution’s new and progressive provisions, several bottlenecks remain unresolved.
In today's production and trade activities, especially in the textile, footwear, electronics, furniture or food industries, the outsourcing model has become an important part of the supply chain of enterprises. Instead of investing in the entire factory, labor and production line themselves, many businesses choose to assign part or all of the production stage to outsourcing partners to optimize costs and improve flexibility.
The Appellate Judgment No. 68/2019/KDTM-PT of the People's Court of Hanoi (the Ngoc Son ship case) shows a very valuable lesson for businesses buying property insurance and marine insurance: there are contracts, there are insurance events, even if the insurer does not deny the risks covered by insurance, but the enterprise may still not receive the full amount of money it expects if the claim dossier, the interpretation of the contract terms and the chain of evidence on the value of assets are not strictly prepared.
Margin trading is a popular financial service that allows investors to buy securities with loans from securities companies, with the purchased shares and assets on the account as collateral. This service helps to increase purchasing power and amplify profits for investors, but at the same time amplifies risks. When the market fluctuates adversely, the value of collateral declines rapidly can lead to disputes over escrow contracts between investors and securities companies over the performance of obligations, handling of collateral, interest rates and compensation for damages.
The plaintiff argued that the bank had arbitrarily revalued the assets and extended the security obligation beyond the original agreement, while the bank invoked the provision on security for future obligations to affirm the validity of the mortgage contract. The appellate civil case No. 109/2024/DS-PT between Mr. Ha Anh D, Ms. Pham Thi Thanh T and K3 Commercial Joint Stock Bank related to the dispute over the mortgage contract for a third-party loan raises many important legal issues . In this article, we will clarify the role of the principles of transparency, voluntariness, and equality in contracting, especially clarifying the legality and limitation of the scope of the mortgage contract when performing the contract.
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