Commercial Arbitration Litigation Services in Vietnam

Protecting Business Interests – Efficient Dispute Resolution – Controlling Legal Risks in Commercial Operations

In the context of increasingly complex business activities and cross-border transactions, commercial arbitration has become a preferred dispute resolution mechanism for many businesses due to its flexibility, confidentiality, specialization, and efficiency in resolving commercial disputes. However, arbitration proceedings require in-depth knowledge of commercial law, arbitration law, advocacy skills, and practical experience in handling high-value or technically complex disputes.

Even a minor mistake in an arbitration clause, dispute resolution strategy, arbitrator selection, or evidence submission process may directly affect a company’s financial interests, business operations, and commercial reputation.

At DAI & PARTNERS, we provide strategic and result-oriented commercial arbitration lawyer services, assisting clients throughout the entire dispute resolution process before domestic and international arbitration institutions.

WHEN SHOULD YOU ENGAGE A COMMERCIAL ARBITRATION LAWYER?

You should seek assistance from a commercial arbitration lawyer when:

• A dispute arises from a commercial contract, investment transaction, or business cooperation agreement

• Your contract contains an arbitration clause or separate arbitration agreement

• You need to initiate arbitration proceedings or defend claims before an arbitration center

• A dispute involves payment obligations, debt recovery, or breach of contract

• Construction, logistics, transportation, or service supply disputes arise

• A dispute exists between a Vietnamese company and a foreign partner

• Shareholder disputes, member disputes, or corporate governance disputes arise

• Disputes arise from EPC contracts, BCC agreements, distribution agreements, or franchise agreements

• Disputes involve e-commerce, technology, data protection, or intellectual property rights in commercial activities

• Your business needs to protect trade secrets, internal data, and confidential business information

• You require legal representation in negotiation, mediation, or arbitration proceedings

• You need to request interim emergency measures

• You seek to set aside an arbitral award or enforce a domestic or foreign arbitral award

In practice, engaging an arbitration lawyer at an early stage enables businesses to build an effective dispute resolution strategy, minimize financial losses, and reduce long-term legal risks.

COMMERCIAL ARBITRATION LAWYER SERVICES AT DAI & PARTNERS

1. Legal Consultation and Commercial Dispute Assessment

Before commencing arbitration proceedings, accurately assessing the legal position and dispute resolution prospects is essential for making informed business decisions.

Our lawyers assist clients in:

• Reviewing contracts, arbitration clauses, and dispute documentation

• Assessing the validity and enforceability of arbitration agreements under Vietnamese law and international practice

• Determining the rights and obligations of parties in commercial transactions

• Evaluating legal, financial, and operational risks and the likelihood of success

• Advising on dispute resolution strategies aligned with business objectives

• Assisting with evidence collection, electronic data preservation, and transaction records

• Advising on pre-arbitration negotiation and mediation strategies

• Advising on asset protection measures, evidence preservation, and legal risk management

Early legal consultation helps businesses proactively control disputes and minimize disruptions to commercial operations.

2. Drafting Arbitration Claims and Procedural Documents

In commercial arbitration proceedings, legal documentation and argument strategy play a decisive role in dispute resolution outcomes.

DAI & PARTNERS supports clients with:

• Drafting Notices of Arbitration and Statements of Claim

• Preparing Statements of Defense and objections to arbitration claims

• Organizing evidence, commercial transaction records, and supporting documents

• Drafting legal submissions, memorials, and arbitration briefs

• Preparing applications for interim emergency measures

• Developing tailored arbitration strategies for each dispute

• Advising on arbitrator selection and tribunal composition

• Advising on governing law, arbitration language, and arbitration seat

• Preparing applications for recognition and enforcement of arbitral awards

All documents are prepared with strong legal foundations, logical reasoning, and strategic alignment to maximize client protection.

3. Representation in Commercial Arbitration Proceedings

Commercial arbitration requires advanced advocacy skills and the ability to handle complex legal, commercial, and technical issues effectively.

Our arbitration lawyers will:

• Represent clients under powers of attorney in arbitration proceedings

• Attend hearings, procedural meetings, and sessions before arbitral tribunals

• Present legal arguments and protect clients’ rights and interests

• Respond to and rebut opposing parties’ arguments and claims

• Request evidence collection, expert opinions, or asset valuation where necessary

• Assist in negotiation, settlement, and mediation during arbitration proceedings

• Monitor the entire arbitration process to ensure procedural compliance and full protection of client rights

• Represent clients before competent authorities related to arbitration proceedings

The involvement of experienced arbitration counsel significantly enhances a company’s ability to protect its interests, avoid procedural mistakes, and optimize dispute resolution outcomes.

COMMERCIAL DISPUTES COMMONLY RESOLVED THROUGH ARBITRATION

Under Vietnamese law, commercial arbitration generally has jurisdiction over disputes arising from commercial activities, disputes between parties engaged in commercial activities, and other disputes permitted by law to be resolved through arbitration where a valid arbitration agreement exists.

DAI & PARTNERS has extensive experience representing clients in complex commercial, investment, and cross-border disputes before domestic and international arbitration institutions.

1. Commercial and Business Contract Disputes

• Sale and purchase agreement disputes

• Service supply agreement disputes

• International commercial contract disputes

• Corporate debt recovery and payment disputes

• Agency, distribution, and franchise agreement disputes

• Logistics, transportation, and cargo delivery disputes

• Manufacturing, processing, and supply contract disputes

• Commercial lease and business asset lease disputes

• Consultancy, management, and outsourcing agreement disputes

• E-commerce and online transaction disputes

• Contractual penalty, payment default, and damages disputes

• Disputes arising from confidentiality obligations and non-compete agreements (NDA, Non-compete Agreement)

2. Corporate, Investment, and Internal Company Disputes

• Business cooperation contract (BCC) disputes

• Joint venture and investment cooperation disputes

• Shareholder and company member disputes

• Capital contribution transfer, share transfer, and corporate control disputes

• Internal corporate governance disputes

• Voting rights, management rights, and access to company information disputes

• Domestic and foreign investment (FDI) disputes

• Investor-company disputes arising during project implementation

• Mergers, acquisitions, restructuring, and M&A disputes

3. Construction, Real Estate, and Project Disputes

• Construction contract disputes

• EPC contract, main contractor, and subcontractor disputes

• Construction progress, project quality, and project finalization disputes

• Payment claims and variation cost disputes

• Design consultancy, supervision, and project management disputes

• Commercial real estate sale, lease, and lease-purchase disputes

• Real estate project cooperation and deposit agreement disputes

• Disputes among developers, contractors, suppliers, and project partners

4. Finance, Banking, and Insurance Disputes

• Credit agreement disputes related to commercial activities

• Commercial loan and payment obligation disputes between businesses

• Bank guarantee and Letter of Credit (L/C) disputes

• Secured transaction and collateral enforcement disputes in commercial transactions

• Financial services and electronic payment disputes

• Cargo insurance, construction insurance, and commercial insurance disputes

• Insurance compensation disputes arising from business and investment activities

5. Intellectual Property, Technology, and Data Disputes

• Technology transfer agreement disputes

• Intellectual property disputes arising from commercial activities

• Trademark, trade name, and commercial exploitation of intellectual property disputes

• Trade secret and enterprise data confidentiality disputes

• Digital platform, electronic data, and technology transaction disputes

• Software licensing and IT services disputes

• E-commerce platform and online business operation disputes

6. Logistics, Import-Export, and International Trade Disputes

• Domestic and international cargo transportation disputes

• Warehousing, freight forwarding, and logistics service disputes

• International supply chain and distribution disputes

• Import-export and international payment disputes

• Cross-border transaction and international contract performance disputes

• Incoterms, delivery obligations, warranty obligations, and international trade liability disputes

7. Other Disputes Eligible for Commercial Arbitration

• Trade promotion and commercial representation disputes

• Advertising, media, and commercial exploitation agreement disputes

• Commercial licensing and business operation agreement disputes

• Research cooperation, product development, and technology commercialization disputes

• Manufacturing, distribution, and global supply chain disputes

Important Note: Under Vietnamese law, disputes relating purely to marriage and family matters, inheritance, individual labor disputes, administrative decisions, pure land use rights disputes, or disputes without a valid arbitration agreement generally fall outside the jurisdiction of commercial arbitration.

SUPPORT FOR SETTING ASIDE AND ENFORCEMENT OF ARBITRAL AWARDS

After an arbitral award is issued, businesses may still face issues relating to recognition, enforcement, or applications to set aside arbitral awards.

We assist clients with:

• Assessing the legal grounds for setting aside arbitral awards

• Preparing court applications for annulment of arbitral awards

• Recognition and enforcement of arbitral awards in Vietnam

• Recognition and enforcement of foreign arbitral awards

• Representation before enforcement authorities and competent state agencies

• Advising on asset enforcement and compliance obligations

• Resolving post-arbitration disputes and enforcement issues

Timely legal support helps businesses ensure effective enforcement of their rights and minimize prolonged post-dispute risks.

WHY CHOOSE DAI & PARTNERS?

• Experienced arbitration lawyers with practical expertise in commercial arbitration proceedings

• Strategic dispute resolution approach with strong legal risk management capabilities

• Extensive experience handling complex domestic and international commercial disputes

• Strong advocacy, legal drafting, and arbitration strategy development skills

• Experience representing clients before Vietnam International Arbitration Centre (VIAC) and international arbitration mechanisms

• Comprehensive support from dispute assessment to enforcement of arbitral awards

• Strict confidentiality of business information and trade secrets

• Commitment to protecting clients’ lawful rights and interests to the fullest extent possible

In commercial disputes, engaging arbitration lawyers at the right time not only helps businesses protect their legal interests but also contributes to maintaining operational stability, controlling legal risks, and improving the effectiveness of dispute resolution in line with the company’s strategic objectives.