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Conference on Application of foreign law in Contracts/Agreements, practices and solutions dated April 12, 2024

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On April 12, 2024, mediators of the Vietnam International Commercial Mediation Center (VICMC) participated and discussed at the legal conference co-organized by Vietnam Electricity (EVN) and Hanoi Law University.

The conference was honored to welcome representatives from ministries and Departments, there were: Mr. Tran Luong – Head of Power BOT Investment Management Department, Department of Electricity and Renewable Energy, Ministry of Industry and Trade; Representative of the Department of Civil and Economic Law, Ministry of Justice; Representative of the Department of International Law, Ministry of Justice.

On the host units’s sides, there were the participation of EVN Deputy General Director Vo Quang Lam; Head of EVN Legal Department Nguyen Minh Khoa – VICMC mediator; Associate Professor. Dr. Vu Thi Lan Anh, Vice Rector of Hanoi Law University.

On VICMC’s side:

  • Assoc. Dr. Nguyen Minh Hang – General Secretary of Vietnam International Commercial Mediation Center (VICMC), Senior Lecturer of Foreign Trade University, CEDR Certified Mediator;
  • Lawyer Nguyen Anh Minh – VICMC’s Mediator, Partner of NHQuang & Associates;
  • Lawyer Phung Quang Cuong – VICMC’s Mediator, Partner of NHQuang & Associates;
  • Dr. Nguyen Ngoc Ha – VICMC’s Mediator, Deputy Dean of Faculty of Law, Foreign Trade University.
Conference on Application of foreign law in Contracts/Agreements

The Conference also attracted the attention of the Vietnam Business Lawyers Club (VBLC), leaders, legal Departments of units, economic enterprises, and lawyers at law firms, and teachers at Hanoi Law University.

The goal of the Conference is to evaluate the current status of the application of foreign laws in Contracts/Agreements at EVN and its member units, and make recommendations to improve the qualifications and skills of Legal Department. Therefore, minimizing risks, conflicts and disputes arising during the implementation of Contracts/Agreements with foreign elements, ensuring maximum legal benefits for EVN.

At the Conference, Mr. Nguyen Minh Khoa – Head of EVN Legal Department, VICMC Mediator presented “Overview of foreign law application in Contracts/Agreements at EVN”, raising questions to discuss and ask for comments and opinions from the participating delegates on issues that remain open when signing Contracts and Agreements with foreign partners as well as the application of foreign laws in Contracts/Agreements to ensure non-violation of foreign laws and complies with Vietnamese laws.

To comment on the above issues, with experience, Associate Professor, PhD. Nguyen Minh Hang had very practical exchanges. According to Ms. Hang, choosing foreign law is considered mandatory when Vietnamese businesses participate in large playgrounds with foreign partners. Therefore, it is important that Vietnamese businesses in general and EVN in particular need to be well-prepared for legal staves during the process of drafting and negotiating Contracts/Agreements; as well as research carefully about dispute resolution mechanism such as arbitration and mediation when conflicts arise between the parties in the Contract/Agreement.

In addition, experts and lawyers at the Conference also participated in exchanging topics on: Experience in contract interpretation, resolving conflicts and disputes in Contracts/Agreements which have provisions on applying foreign law ; Risks in the process of applying foreign laws in Contracts/Agreements at EVN and solutions to improve the qualifications, understanding and skills of officials and employees in applying foreign laws, minimize risks, conflicts and disputes arising during the implementation of Contracts/Agreements with foreign elements.

Image source: Vietnam Electricity

Secretariat

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