Consultancy on dispute settlement in investment activities

Business investment means an investor's investment capital to carry out business activities through the establishment of an economic organization; investment in capital contribution, purchase of shares, the capital contribution of economic organizations; investment in the form of contracts or implementation of investment projects. If, in the course of operation, there is a dispute, the settlement procedures shall comply with specific provisions in the Law on Investment.

Accordingly, the settlement of disputes in business investment activities is carried out as follows:

The first case: is if the dispute related to business investment activities in Vietnam is resolved through negotiation and conciliation. In case of failure to negotiate or conciliate, the dispute shall be settled by Arbitration or Court.

Second case: If the dispute between domestic investors, foreign-invested economic organizations, or between domestic investors, foreign-invested economic organizations, and competent state agencies related to business investment activities in the Vietnamese territory is resolved through Vietnamese arbitration or Vietnamese courts.

Third case: Disputes between investors in which at least one party is a foreign investor or an economic organization shall be settled through one of the following agencies or organizations:

  • Vietnamese courts;
  • Vietnamese arbitration;
  • Foreign arbitration;
  • International arbitration;
  • Arbitration shall be established by the disputing parties.

Fourth case: Disputes between foreign investors and competent state agencies related to business investment activities in the Vietnamese territory shall be settled through Vietnamese arbitration or Vietnamese courts unless otherwise agreed upon under contracts or treaties to which the Socialist Republic of Vietnam is a contracting party.

LVT Lawyers provides investment dispute settlement service as follows:

  • Advise on how to settle investment disputes and the procedures for settling investment disputes.

  • Guide and advise clients on the order of lawsuit procedures and the conditions for initiating lawsuits to competent Courts or Arbitrators.

  • Prepare applications and other relevant documents for client;

  • Conduct investigations to collect evidence—documents; examine and evaluate evidence—documents to present to the Court;

  • Provide specific options that are most beneficial in the process of negotiation and conciliation (if any);

  • Participate in proceedings as defense lawyers, protecting legal rights and interests for clients at courts at all levels;

  • Participate in the proceedings as an authorized representative of the client to implement all options and ways as prescribed by law to best protect the legitimate rights and interests of the client at all levels of court.

  • Carry out judgment execution procedures: verify judgment execution conditions; request the application of preventive measures to ensure the availability of judgment execution assets; request enforcement of judgments to recover assets for clients.