Nguyen Hong Ha

Dispute Resolution and Litigation

• Advised a foreign-invested company in a 300 million USD infra-structure BOT project on a dispute with a municipal government whereby the initially approved invested capital cap was accepted to be increased by more than 60 million USD;
• Advised the foreign owner/operator of a 5-star hotel in Ho Chi Minh City, being charged of tax evasion and involved in a complex dispute with the local BCC partner and tax authority, and helping the investigation be dropped and the BCC transformed into a joint-venture;
• Represented Bachy Soletance and Saigon Construction Corporation (SGCC) in solving disputes related to major real estate and construction projects by negotiations as well as legal proceedings;
• Represented individual and organizational clients from Agribank, Dong A Bank, Euro Auto, HSBC, Eximbank and PNJ in white-collar litigation and related lawsuits;
• Represented sellers of a 25-million-US M&A transaction to successfully recover 3 million US retention from a foreign buyer in a VIAC arbitration;
• Represented one of two key owners of Trung Nguyen coffee business group in a series of lawsuits over several years in and outside of Vietnam for dividing matrimonial assets and resolving shareholders disputes;
• Represented New Zealand International College on the settlement of the dispute with its partner in a JVC involving the investment process, establishment of an international school in Vietnam worth tens of millions of USD;
• Represented HDReal, a real estate developer, in Vietnam courts in an investment and debt recovery dispute worth 14.5 million USD with a FIE, that the Vietnam party in the FIE is a group of the state-owned companies;
• Represented two Vietnamese companies to, in a business corporation dispute in television field worth 12 million USD;
• Represented a major shareholder of Vung Tau Cable Car Tourism Joint – Stock Company (VCCT), a company operating a large cable-car project worth tens of millions of USD, in winning the lawsuit over a shareholders’ dispute;
• Represented a major foreign fund in Vietnam in an arbitration case at VIAC involving a claw-back valued at tens of millions of USD from a share-subscription agreement with a local joint-stock company;
• Represented SATRA, Vietnam’s largest trading corporation, in a trade dispute worth 4.5 million USD;
• Represented Standard Chartered Bank (Vietnam) Ltd in credit debt recovery cases against a borrower, a foreign invested entity, at Hanoi Court worth 2.5 million USD;
• Represented HSBC Bank (Vietnam) Ltd, in a series of credit debt recovery cases against debtors as well as corporate debtors at courts in Ho Chi Minh City, Hanoi, Dong Nai Province and Quang Nam Province worth approximately ten million USD;
• Represented Richmond Mercantile Limited F.Z.C, a U.E.A enterprise, to against an injunction application to arrest the vessel transporting the bitumen of Richmond Mercantile Limited F.Z.C from a Vietnamese buyer in Da Nang court and to against a series of other claims from the Vietnamese buyer;
• Advised Vietnam Export Import Commercial Joint – Stock Bank (Eximbank) to appeal the appellate judgment relating L/C obligation worth 1.3 million USD under the procedure for judicial review and the Chief Judge of the Supreme Court agreed our arguments and issued a decision to protest the appellate judgment;
• Advised a hospital to request the authorities to protest both first instance judgment and appeal judgment under the procedure for judicial review;
• Advised an international insurance company in an insurance claim dispute worth approximately 500,000 USD for losses and damages from a fire at a warehouse of an Insured;
• Represented a foreign invested company in a trade dispute at Ho Chi Minh City Commercial Arbitration Center (TRACENT) against a stated owned company;
• Advised an airline in Vietnam in a series of labor disputes relating the training cost compensation claims against 40 pilots; and
• Represented the subsidiaries of Procter & Gambles, Coca-Cola, Hanesbrands, Metro Cash & Carry, Monsanto, Capgemini, International SOS, Remy Cointreau International Pte. Ltd and RMIT University in Vietnam in settling its labor, trade and land use rights disputes.

Rankings

Recommended Lawyer | Litigation | Legal 500 | 2023

Rising star | Dispute Resolution | Asialaw | 2023, 2022, 2021

Comments

“Luu Tien Dzung and Nguyen Hong Ha’s knowledge in the applicable law and FIDIC contract terms, and their confidence in defending their grounds of evidence, make them highly outstanding among other competitors.”
(Legal 500)

• Vietnam Chapter | The Legal 500 Litigation Country Comparative Guide (2020)
• Project Finance for Vietnam’s Energy Generation Powering Growth and Finding Political Will (2019)
• Dawn Raids in Vietnam, What You Should Know (2019)
• GSP for Drugs and Drugs Materials (2019)
• “New Rules, New Game” for Pharmaceutical MNCs (2018)
• Pharmaceutical MNCs in DAV Official Letter 13439 (2018)