Do Khoi Nguyen

Construction – Contractor side

• Acted for a major Korean construction company in an ICC arbitration suit against a Vietnamese state-owned employer. The dispute arose out of the variation works performed on a state-funded highway project in Northern Vietnam (FIDIC Pink Book).
• Acted for Bachy Soletanche Vietnam, a French-based construction company specializing in foundation works, against a Vietnamese real estate developer in a dispute over piling work of a condominium project in Hanoi. Bachy Soletanche Vietnam hired us after they lost at the trial level (3 million USD judgment against them). On appeal, we successfully defended Bachy Soletanche Vietnam’s position which resulted in the Supreme People’s Court overruling the trial court’s judgment.
• Acted for MT Hojgaard A/S, a leading Danish construction and civil engineering company, in a dispute against a Vietnamese subcontractor and the Hai Phong Bridge Projects Management Department (the employer) involving the construction of Cau Rao II Bridge in Hai Phong City. We successfully defended MT Hojggard A/S and secured the outstanding payment of over 4 million EUR from the employer.

Construction – Employer side

• Acted for a Vietnamese listed company specializing in hydropower plants against a foreign contractor in a VIAC arbitration. The disputes relate to delay and quality of works arising out of a FIDIC EPC/Turnkey contract (FIDIC Silver Book).  The foreign contractor counterclaimed on alleged variation/additional works.
• Acted for Vietnam Machinery Installation Corporation (LILAMA) in a dispute involving the Uong Bi Extension Power Plant Project against a Russian contractor. We successfully assisted LILAMA in enforcing a multi-million-dollar first demand guarantee against the contractor’s bank before the Arbitration Court of Moscow, Russia.
• Acted for a Taiwanese investor against the People’s Committee of Quang Ninh Province in a VIAC arbitration arising out of a Build-Transfer project in which the people committee unilaterally terminated the contract, claiming force majeure event caused by a governmental
• Acted for a Vietnamese mining company (the employer) against an electrical engineering company (the contractor) in an ore mine construction project in Northern The contractor claimed wrongful set-off while the employer claimed delay damages. The case was referred to VIAC arbitration, but the parties settled with favorable terms to the employer.

International Trade

• Acted for a Vietnamese steel company (buyer) in settling disputes over a scrap metal purchase contract, SIAC arbitration. The case was settled.
• Acted for an Arabic trading company (seller) in settling disputes over two scrap metal trading contracts, VIAC arbitration. Successfully defended the seller.
• Acted for and defended a Vietnamese grain trading company (seller) in a GAFTA arbitration case. Successfully defended the seller with all claims against the seller being dismissed.
• Acted for a Vietnamese steel company in settling disputes under ICC arbitration procedures.

Oil & Gas

• Acted, together with Shearman & Sterling LLP team led by Emmanuel Gaillard and Yas Banifatemi, for Vietnam Oil and Gas Group (PVN) in a Singapore seated ICC arbitration involving a 100 million USD tax indemnity dispute arising out of a production sharing contract. PVN was sued by two independent oil companies.  We successfully defended PVN with all claims against PVN being dismissed.
• Acted, together with Herbert Smith Freehills LLP, for Petrovietnam Exploration and Production Corporation (PVEP) in a multi-million-dollar SIAC arbitration involving a defaulting a foreign oil exploration contractor.

• Co-editor of the Vietnamese version, FIDIC Conditions of Contract for Plant & Design Build (Yellow Book), Second Edition 2017.
• Co-author, the International Arbitration Review, Vietnam Chapter, 2018 & 2019.
• Co-author, the International Comparative Legal Guide to International Arbitration, Vietnam Chapter, 2018 & 2019.
• Co-author, GAR Know how – Commercial Arbitration – Vietnam, 2017, 2018 & 2019.
• Co-author, Morgan Lewis & Bockius LLP’s “An Introductory Guide to Arbitration in Asia”, Vietnam Chapter, 2018.
• Speaker, Seminar on Claim Management in Construction Sector, Vietnam, 2017 & 2018.
• Speaker, Dispute Settlement in APEC Economies – Towards Efficiency and Fairness, IPBA Regional Conference, November 2017.
• Speaker, Conference on Arbitration in Vietnam, organized by Young ICCA, September 2016.