ENVN

Experiences

• Experiences

LIST OF TYPICAL CASES OR TRANSACTIONS
HANDLED BY BROSS & PARTNERS IN PREVIOUS YEARS

Recommended by:

THE LEGAL500 – IFLR1000 – ASIALAW PROFILES – BENCHMARK LITIGATION –
CHAMBERS & PARTNERS – ASIAN-MENA COUNSEL IN-HOUSE COMMUNITY

Project and Energy

  • Providing legal services for an M&A case between a Chinese company and a local company in Ho Chi Minh City for a wind farm project in Daklak Province including legal due diligence, structuring advice, transaction documents, negotiation, and closing. Value: US$9 Million.
  • Providing legal services for a Thai solar power company to obtain all approvals for wind and solar project in Ea Sup, Daklak including survey approval, master plan supplementation, Investment Registration Certificate, Power Purchase Agreement, Grid Connection Agreement, Land Use Rights. Value: US$300 Million.
  • Regular legal advisory for a steel factory including thermal power plant issues, environment, internal regulations, and employment.
  • Advising a Vietnamese Corporation on obtaining management rights of Ha Long Bay and development of infrastructure; assisting negotiations with Quang Ninh authorities.
  • Advising on EPC document and contract preparation for a fertilizer producer in Urea plant construction.
  • Representing a hydropower joint stock company in land clearance compensation dispute with a tea company in Lam Dong Province.

Licensing

  • Regular legal advisory for Viglacera including agreements, contracts, internal regulations, and investment licensing for industrial park projects in Bac Ninh and Thai Nguyen.
  • Regular legal advisory for Hanoi Trade Corporation (HAPRO) and its subsidiaries regarding investment licensing, internal regulations, and project expansion.
  • Advising SI Flex (Korea) to complete dossier and work with the Ministry of Science and Technology to be recognized as a high technology company.
  • Advising LMAT (Korea) in Binh Duong on drafting and finalizing licensing dossiers for supporting industrial products.
  • Advising Bogo Eng. (Korea) in Binh Duong on licensing dossiers for supporting industrial products.
  • Advising Korean investors on transfer of an Industrial Park in Bac Giang Province.
  • Advised over 100 foreign investors in implementing investment procedures in Vietnam.

Corporate and M&A

  • Advising and drafting the Joint Venture Agreement term sheet for the first PPP expressway project in Vietnam under Decision 71. Value: US$780 Million.
  • Providing legal advice for an M&A case issuing over US$40 Million new shares to a foreign investor (rated one of top 10 most effective M&A cases in Vietnam in 2009).
  • Advising on transaction structure and drafting Business Cooperation Agreement for a 12ha real estate project in Binh Chanh District, HCMC. Value: VND 1,000 Billion.
  • Advising and preparing EPC documentation for a Urea plant. Value: US$200 Million.
  • Legal advisory for multiple M&A cases for Korean, Japanese, and Hong Kong investors with deal values from US$5 Million – US$50 Million+.
  • Advising on registration of medium-term and long-term foreign loan contract for a Japanese company. Value: €2.3 Million.
  • Representing buyers/sellers in real estate M&A transactions including capital transfer of 80%, 100%, and minority stakes (>19%).
  • Advising acquisition of capital shares for a 100% foreign-owned company in Vietnam for a high-class apartment and office project in Ha Dong. Value: US$198 Million.
  • Advising and preparing share purchase documents for acquisition of shares in a soon-to-list real estate company in HCMC. Value: >US$5 Million.
  • Providing legal advice for equity acquisition of a cement manufacturer. Value: >US$1.5 Million.

Real Estate & Construction

  • Negotiation and contract preparation for investment cooperation for a complex of apartments and trading center (5,400 m²) in Tan Binh, HCMC. Value: >US$18 Million.
  • Negotiation and contract preparation for a 14,000 m² project in District 2, HCMC. Value: US$12 Million.
  • Advising investment fund on Mo Plaza project with Vinaconex. Value: US$40 Million.
  • Advising on a real estate investment project in Vinh City, Nghe An and transferring project rights to subsidiaries. Value: >US$40 Million.
  • Drafting BCCs for Hapro to develop multiple real estate projects in Hanoi.
  • Legal advisory for the Crown Plaza complex (5-star hotel + office + high-rise building) in Hanoi for the 1,000-year Thang Long anniversary. Value: US$80 Million.
  • Legal advisory for Hanoi Lancaster Building. Value: US$30 Million.
  • Finalizing land lease procedures for Picenza Vietnam at Quang Minh Industrial Zone. Value: US$6 Million.

Insurance; Banking & Finance

  • Negotiation and advisory for setting up a joint-venture life insurance company between a leading private bank and a top EU finance-insurance group. Value: US$50 Million.
  • Advising on establishment of an insurance brokerage joint venture for top Indian and Indonesian financial groups. Value: US$5 Million.
  • Legal due diligence for M&A between SDFC and MB Bank.
  • Advising and assisting in share swap between VVF and SHB Bank.
  • Advising Pakistan software company in negotiation with a private bank for E-Banking system. Value: US$2 Million.
  • Advising damage assessment and insurance compensation for a company in Hanoi Industrial Park. Value: US$1 Million.
  • Representing hydropower JSC in disputes on advance refund guarantees in two hydropower projects in Lam Dong. Value: US$1–1.8 Million.

Arbitration

  • Co-counsel with GIDE LOYRETTE NOUEL LLP (London) for dispute resolution at VIAC regarding Thuong Kontum hydropower project. Disputed Value: >US$90 Million.
  • Representing VIDIFI in dispute regarding EX-2 Package of Hanoi–Hai Phong Expressway at VIAC.
  • Representing VEC at ICC for dispute on Noi Bai–Lao Cai Expressway construction contract.
  • Representing Vietnamese company in sales contract dispute with Spanish company at ICC.
  • Co-counsel with Oon & Bazul LLP representing refinery & petrochemical company in dispute with IBM at SIAC.
  • Representing STX Corporation (Korea) at VIAC in sales contract dispute.
  • Representing Philipino Steel Corporation at VIAC.
  • Successfully representing Recess Co., Ltd (lazada.vn) in non-disclosure and non-compete dispute at VIAC and HCMC Court.
  • Representing US company in recognition & enforcement of foreign arbitral award in Vietnam.
  • Representing various local & foreign companies at VIAC and in court proceedings to set aside arbitral awards.

Litigation & Dispute Resolution

  • Representing confectionery company in Bien Hoa in dispute on insurance compensation. Value: US$8 Million.
  • Defending leading real estate developer in dispute regarding payment guarantee. Value: US$14 Million.
  • Representing investor in Long An in claim by contractor. Value: US$800,000.
  • Representing Japanese company in construction contract dispute. Value: US$1 Million.
  • Representing subcontractor in Can Tho in dispute over German-funded project. Value: €208,989.
  • Representing company in M&E contract dispute. Value: US$500,000.
  • Representing asphalt trading company in dispute regarding Thanh Tri Bridge project. Value: US$2 Million.
  • Representing tenants in infrastructure cost dispute in Quang Minh – Vinh Phuc Industrial Zone. Value: US$2 Million.
  • Representing company in dispute on capital contribution in real estate project in Hanoi. Value: US$2.5 Million.
  • Representing developer in villa project dispute in Quang Ninh. Value: US$1 Million.
  • Representing hydropower company in land clearance dispute in Lam Dong. Value: US$12 Million.
  • Representing global steel company in contract dispute. Value: US$250,000.
  • Representing leading lighting equipment company in distribution contract dispute. Value: US$850,000.
  • Advising company on IT & Telephone issues relating to employee criminal appropriation. Value: US$500,000.
  • Representing multinational life insurance company in criminal appropriation case in Quang Ninh. Value: >US$2 Million.
  • Representing Vietinbank in criminal case involving Nguyen Duc Kien (Bau Kien).
  • Representing PetroVietnam in criminal case relating to Ocean Bank.
  • Representing Agribank – Nam Hanoi Branch in criminal proceedings.
  • Representing numerous individuals in criminal cases at investigation, procuracy and court levels.

Criminal Cases / White Collar Crime

  • Successfully defending leading life insurance company in major fraud case in Quang Ninh.
  • Representing state-owned bank in criminal case relating to Asia Commercial Bank (“Bau Kien”).
  • Representing state-owned bank in criminal case relating to Nguyen Thi Bich Luong and co-defendants involving violations in credit lending regulations.
  • Representing state-owned bank in criminal case relating to Le Hoa Binh involving fraud in CIENCO 5 Thanh Ha project.
  • Representing state-owned bank in criminal case involving Nguyen Duy Xuyen on property appropriation.
  • Representing companies from USA and France in dispute with Vietcombank in Vinashin-TGC case.
  • Defending former General Director of PVL in criminal case relating to abuse of power and economic management violations.
  • Defending former Chairman of GPBank in criminal case.
  • Representing hydropower company in dispute with HabuBank (SHB) on Guarantee Contract.
  • Representing former Deputy General Director of Vietinbank in criminal case relating to abuse of influence for personal gain.
  • Representing state-owned bank in fraud case relating to BIDV – Dong Do Branch.
  • Defending in criminal case involving Pham Thi Bich Luong at Agribank – Nam Hanoi Branch.