Vietnam in the Global Arena: Navigating International Contracts under Common Law Jurisdiction

Oct 27, 2023 2:00 PM - 6:00 PM New World Saigon Hotel

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REGISTRATION GUIDELINE

Virtual and physical participation are available.

For physical attendees, please register in advance to reserve your seat.

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The event is held under the Chatham House Rule.

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Event Description

In an increasingly interconnected world, Vietnam is embracing global opportunities, often necessitating compliance with English law or laws prevalent in common law jurisdictions. The pivotal aspect of negotiations now revolves around choosing applicable law alongside jurisdiction.

However, Vietnamese companies often exhibit apprehension towards applying English law due to a lack of familiarity with its nuances and differences compared to the familiar terrain of Vietnamese civil law. Understanding these distinctions is essential for informed decision-making in international business ventures.

To bridge this knowledge gap, American Chamber of Commerce has invited experienced lawyers from esteemed firms, LNT & Partners, Steven Thiru & Sudhar Partnership and Sia Siew Mun & Co, to share their knowledge and experience. They will delve into various aspects of English law (as applied in a common law jurisdiction i.e Malaysia), offer valuable insights and comparative analysis against Vietnamese law. We aim for this dialogue and conversation to empower attendees, fostering confidence in navigating legal landscapes and contracts in common law jurisdictions.

Join us for the event co-hosted by American Chamber of Commerce, LNT & Partners and Steven Thiru & Sudhar Partnership, with discussion that promises to broaden your understanding and bolster your readiness for engagements and proceedings within the realms of common law. Topics covered will include:

Dispute resolution mechanism, with emphasis on labour law;
Recent trends in arbitration and mediation;
Personal data protection;
Fraudulent trading and directors’ liability; and
Construction Claims.

SPONSOR

AGENDA

2:00 PM	Registration, Refreshment, and Welcome remarks
2:30 PM	Dispute resolution mechanism, with emphasis on labour law Comment from Vietnam viewpoint on labour disputes
3:00 PM	Fraudulent Trading in Malaysian Company Law context Comment from Vietnam viewpoint on commercial disputes
3:30 PM	Protection of Data Privacy Act 2010 Comment from Vietnam viewpoint on Data Privacy
4:00 PM	Tea break
4:15 pM	“Illegality” in Malaysian Contract Law & Arbitration Comment from Vietnam viewpoint on arbitration trend and mediation trend
4:45 PM	Construction Adjudication in Malaysia Comment from Vietnam on Construction Claims
5:15 PM	Discussions on all topics (remaining issues)
6:00 PM	Event ends

COST

SPEAKERS

Steven Thiru

Managing Partner

Steven Thiru & Sudhar Partnership

Steven Thiru is the Managing Partner of Messrs. Steven Thiru & Sudhar Partnership in Kuala Lumpur, Malaysia. He is a senior litigation lawyer and has been in practice for more than 30 years. His main areas of practice are General Litigation, Contract and Tort, Constitutional & Administrative Law, Corporate Law, Employment Law, Energy Law, and Native Title Law.

Steven was the 31st President of the Malaysian Bar from 2015 to 2017. He is currently Vice President of LAWASIA and Exco/Council member of the Commonwealth Lawyers Association.

Sia Siew Mun

Managing Partner

Sia Siew Mun & Co.

Siew Mun is the Founder and Managing Partner of Messrs. Sia Siew Mun & Co. in Kuala Lumpur, Malaysia. She is a senior litigation lawyer and has been in practice for more than 20 years with a focus on General Civil Litigation, Contract and Tort, Civil Fraud, Arbitration, Corporate Shareholders’ Disputes as well as Construction Disputes.

In over 20 years of practice, Siew Mun has been involved in various complex litigation matters and has appeared in all levels of Malaysian Courts.

David Mathew

Partner

Steven Thiru & Sudhar Partnership

An experienced litigator, David represents a variety of clients in the aviation and airline industry and infrastructure and public utilities sectors.

His key areas of focus include civil and commercial litigation, administrative and public law and land acquisition matters. David also spends a substantial amount of time on appellate court matters.

David is a trainer and advisor for various organizations including professional bodies such as the Financial Planning Association of Malaysia in the areas of Anti – Money Laundering and Anti-Terrorism Financing, Competition Law and Personal Data Protection. He sits on the Board of the Financial Planning Association of Malaysia. He occasionally lectures at the University of Malaya.

Alvin Oh Seong Yew

Partner

Sia Siew Mun & Co.

Alvin is a Partner of Messrs. Sia Siew Mun & Co. in Kuala Lumpur, Malaysia. In active practice for 12 years, Alvin’s portfolio of cases includes General Civil Litigation, Contract and Tort, Civil Fraud, Arbitration, Defamation, Landlord and Tenant Disputes as well as Construction Disputes. With experience in appearing at all levels of the Malaysian courts, Alvin regularly acts for both plaintiff and defendant in a diverse range of civil matters.

Alvin is the current Chairman of the Kuala Lumpur Bar, the largest State Bar in Malaysia with approximately 10,000 members. He is also a member of the Bar Council of Malaysia, the governing body for the Malaysian legal profession.

Ng Yee Lin

Associate

Steven Thiru & Sudhar Partnership

Yee Lin has a keen interest in tax disputes, as well as construction-related disputes.

She is active in the fields of tax litigation, civil and commercial litigation, and alternative dispute resolution.

As a tax lawyer, Yee Lin has acted for taxpayers in various tax matters against the Inland Revenue Board of Malaysia before the Special Commissioners of Income Tax, the High Court and the Court of Appeal. She recently co-authored the 6th Edition of Veerinder on Taxation (Wolters Kluwer, 2022), one of the leading Malaysian textbooks on taxation.

Yee Lin is also experienced in construction-related matters, and has acted as a junior counsel in various arbitration and adjudication proceedings. She has also contributed a chapter on “Litigation in the Construction Court” to Law and Practice of Construction Law in Malaysia (Sweet & Maxwell, 2021).

Yee Lin graduated with an LL.B (Honours) from the University of Manchester in 2018. She then completed the Bar Professional Training Course at BPP University Manchester with a Very Competent, following which she was called to the Bar of England and Wales as a member of the Honourable Society of the Middle Temple in 2019. She has been practising as an Advocate & Solicitor of the High Court of Malaya since 2020.

COMMENTERS

Lê Nết

Partner

LNT & Partners

Le Net is the partner in charge of Singapore office of LNT & Partners. He is also in charge of financial services, infrastructure and arbitration practice group of the firm. In 2019 and early 2020, Net has been leading in a number of signature deals and cases, including: representing PetroVietnam in working with Nghi Son Refinery, acting for a number of subway construction projects in both Hanoi and Ho Chi Minh City, representing lender in a 8-bank syndication deal from China to Vietnam, representing Vingroup in a major M&A transaction, representing major renewable energy companies in wind power and solar power projects, winning an ICC construction arbitration case for Vietnam Expressway Corporation.

He is a panel arbitrator at the Vietnam International Arbitration Centre (VIAC) where he has chaired or co-arbitrated many leading cases, and also a panel arbitrator at Singapore International Arbitration Centre (SIAC). He is also a member of Chartered Institute of Arbitrators (CIArb) and a CEDR accredited mediator.

Nguyễn Công Phú

Partner

LNT & Partners

Mr. Nguyen Cong Phu is a partner in charge of the firm’s Dispute Resolution Practice Group and his experience spans over 21 years. His practice areas include reconciliation and resolution of commercial disputes arising from domestic and cross-border transactions, relating to goods transportation, construction investment, banking and finance, and cargo insurance. He also has extensive experience in handling intellectual property disputes, technology transfers, stock and bond transfers, company membership disputes and bankruptcy.

Before joining LNT & Partners, Mr. Phu worked as a judge for the Economic Court of Ho Chi Minh City People’s Court from 1999 to 2020, in which he settled more than 1000 trading dispute cases. He was also appointed as a Deputy Chief Justice of Economic Court of Ho Chi Minh City People’s Court for 14 years.

Nguyễn Thị Điệp

Counsel

LNT & Partners

Ms. Nguyen Thi Diep, with more than 20 years of experience working in both external and in-house counsel roles, is a Counsel at LNT & Partners. She has successfully participated in numerous dispute resolution cases and advised foreign investors, domestic companies, and regulatory agencies in Vietnam on corporate, commercial, construction, all aspects of investment and licensing in Vietnam, tax, customs, import & export, finance and banking, M&A, intellectual property, label, criminal and marriage and family, labor, infrastructure, and real estate, etc.

Vũ Thị Thịnh

Associate

LNT & Partners

Thinh Vu stands as a prominent associate at LNT & Partners, based in our Hanoi and Singapore offices, she has amassed over five years of experience in the field of infrastructure projects and dispute resolution. Her remarkable career at LNT has been marked by her involvement in several high-profile projects, solidifying her reputation as a trusted legal advisor in the industry. As one of key members of our counsel team, Ms. Thinh has played a pivotal role in providing expert contract advice on transformative projects. Notably, she has been instrumental in advising on the development of new metro lines in Hanoi and Ho Chi Minh City. She has also been in advising on Engineering, Procurement, and Construction (EPC) contracts in the renewable energy sector. Her meticulous attention to detail and profound understanding of complex contractual arrangements have ensured that these projects progress smoothly and efficiently, minimizing potential legal risks and contributing to their overall success.

Ngô Thanh Hải

Senior Associate

LNT & Partners

Hai had eight years’ experience in corporate, M&A, health care, infrastructure and dispute resolution practice. He is familiar with establishing businesses and contractual arrangements, assets or company acquisitions; and dispute resolution in Vietnam. He also advises on banking and real estate business such as contractual matters, licensing and mortgage procedures.