An 101 billion VND construction dispute between VNP (formerly PVT) and PVC-KBC highlights critical contract risks. The contractor abandoned the project, leading to financial loss and litigation.
📜 Case Summary
🔹 Contract: Turnkey housing project with a 12-month timeline.
🔹 Dispute: Contractor ceased work in 2012, leaving the project incomplete.
🔹 Legal Actions: VNP sued for contract penalties, compensation, and return of advance payments.
🔹 Court Ruling:
✅ PVC-KBC must compensate 12.7 billion VND for security, asset depreciation, and partner selection.
❌ The 12% penalty was denied due to shared responsibility for delays.
⚖️ Arbitration Clause Defect – Legal Impact
🔹 No Specific Arbitration Center: The clause was unenforceable, forcing litigation.
🔹 Missed Arbitration Right: Under Article 43, Law on Commercial Arbitration (2010), VNP could have chosen an arbitration center but opted for court.
🔹 Lost Arbitration Benefits:
✅ Faster resolution & lower cost
✅ Easier international enforcement under the New York Convention
✅ Confidentiality & expert decision-making
🚀 Key Takeaways
✅ Always specify an arbitration institution to avoid jurisdictional issues.
✅ Use arbitration for cross-border disputes to ensure enforceability.
✅ Draft contracts with risk mitigation in mind, including dispute resolution clarity.
Link PDF: https://drive.google.com/file/d/15JKZfgEg6HJwf2nUVuJC-qz8puUJqdfS/view?usp=sharing
Should you need any legal support, don’t hesitate to reach out to our Lawyers & Associates. We are pleased to assist your legal need.
THE LAM LAW LLC
🏢Indochina Park Tower, # 4 Nguyen Dinh Chieu Str, Dakao Ward, Dist 1, Ho Chi Minh City.
📞Tel: +84 (0)28 710 58 222 – 6288 3798 – Hotline: +84 (0) 97 309 77 77
✉ Email: info@thelamlawllc.com
Related Posts
Office Closure for Hung Kings’ Festival 2025
Dear Valued Customers and Partners, On the occasion of the Hung Kings’ Commemorations, we
Apr
What Does a “Lump-sum Contract” Really Mean?
🤔 What Does a “Lump-sum Contract” Really Mean? Lessons from a Complex Project Management & Design
Mar
Discussion Session with GES Ho Chi Minh 2024
✨ On March 13, 2025, THE LAM LAW LLC had the pleasure of hosting members of
Mar
Commercial Dispute – Late Payment Interest in Construction Contracts: Trade Law or Construction Law?
📌Commercial Dispute – Late Payment Interest in Construction Contracts: Trade Law or Construction Law?
Mar
Happy Women’s Day 08/3!
THE LAM LAW LLC sends our best wishes to all the amazing women! We especially
Mar
Legal Insights from a Construction Dispute Case
🔍 Case Overview:In one more commercial case (Judgment No. 296/2020/KDTM-PT issued on May 13, 2020,
Mar