Enforcement of Contracts in Vietnam and the Risks of Bilateral Investment Treaty (BIT) Disputes

We are pleased to introduce to you our newest publication on Enforcement of Contracts in Vietnam which will be published in the Gakushuin Journal of International Studies on March 2016. This article is written by Dr. Le Net, Dr. Nguyen Thi Kim Vinh and Mr. Joseph McDonnell from LNT & Partners.

This article provides an acute analysis of the structural and procedural provisions of the frameworks for contract enforcement in Vietnam, addressing both domestic and foreign transactional disputes and the key issues associated with these. The link between Doi Moi, and consequential integration with the international economy and the influence of collective interests stipulated in the Constitution are discussed in this article, and we also consider examples from other jurisdictions to provide both insight and an understanding into this relationship that defines contract enforcement in Vietnam.

The first section provides a foundation for the analysis of contracts enforcement, discussing the cultural, political, and judicial roles that influence the provisions for contract enforcement in Vietnam. The second section discusses the key aspects of contract enforcement in Vietnam. The legal provisions for dispute resolution are discussed in this section, and both domestic and foreign contract enforcement frameworks are discussed, along with the practical issues related to both. The final section moves onto foreign disputes in Vietnam that fall under the jurisdiction of BITs, and addresses the key issues related to this from the Vietnamese perspective, and also through the lens of case studies as comparative examples.

Please refer for full article by clicking the link HERE.

By Vietnam Law Insight (LNT & Partners)

Disclaimer: This article is for information purposes only. Its contents do not constitute legal advice and should not be regarded as detailed advice in individual cases. For more information, please contact the author Net Le at (net.le@LNTpartners.com) or visit the website: Http://LNTpartners.com

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