The latest event in VICMC’s series of internal meetings – “Renewable Energy Project Disputes” hosted by the Energy & Infrastructure Working Group – took place on 24 July 2021 via Zoom. Mediator Nguyen Tuan Phat, legal counsel of EVNPECC3, Head of the Energy & Infrastructure Working Group, and Mediator Vu Thi Chau Quynh, Deputy Director-General, Department of Legislation, Ministry of Planning and Investment are the keynote speakers of the event.
In the first part, Mediator Nguyen Tuan Phat made a presentation about the legal framework for renewable energy projects and three common types of disputes in this field: Construction dispute, M&A dispute, and Project Financing dispute. Recently, renewable energy is becoming a fast-growing sector in Vietnam. Along with that great potential, renewable energy project dispute also increases in quantity and complexity level.
Next, Mediator Vu Thi Chau Quynh shared her research work about the Investor-State dispute in the renewable energy industry in the EU. As a lot of Investment Protection Agreement promotes the amicable settlement in good faith to reach a mutually agreed solution, mediation can be a worth considering option for the businesses and investors.
During the rest of the meeting, the participants had an interactive discussion on a case study related to a wind power project. The question that stands out is whether a mediator should accept/continue mediation in which a third party is involved. Some lively discussed issues include the definition of a third party, the legal consequences arising from such settlement agreement, etc.
Taking into account the lack of transition policy when FiT for solar energy has ended and FiT for wind energy will end soon this October, renewable energy project disputes will remain a hot topic for many investors, businesses, government officials and mediators. In the next month, members of the Energy & Infrastructure Working Group are invited to the Webinar “International Experiences in Renewable Energy Auction”.