Viet Nam

Viet Nam

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2018 Baig v. Viet Nam Shin Dong Baig v. Socialist Republic of Viet Nam (ICSID Case No. ARB(AF)/18/2) Korea, Republic of - Viet Nam BIT (1993) ICSID AF ICSID Investment:

Summary:
Pending Viet Nam Korea, Republic of Tertiary: L - Real estate activities 68 - Real estate activities Gill, J. - President

Reichert, K. - Claimant

van den Berg, A. J. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
2 2017 ConocoPhillips and Perenco v. Viet Nam ConocoPhillips and Perenco v. Viet Nam United Kingdom - Viet Nam BIT (2002) UNCITRAL Data not available Investment: Acquisition of UK companies that operated an oil business in Viet Nam.

Summary: Claims arising out of the Government’s intended imposition of a USD 179 million capital gains tax in respect of the 2012 transaction whereby the first claimant (Conoco) sold its business in Viet Nam (held by UK companies) to the second claimant (Perenco).
Acquisition of UK companies that operated an oil business in Viet Nam. Pending Viet Nam United Kingdom Data not available Data not available Name not available - President

Name not available - Respondent

Name not available - Claimant
Data not available Data not available Data not available Pending None None None None None None None
3 2014 Cockrell v. Viet Nam Bryan Cockrell v. The Socialist Republic of Viet Nam (PCA Case No. 2015-03) US-Viet Nam Trade Relations Agreement UNCITRAL PCA Investment:

Summary:
Discontinued Viet Nam United States of America Tertiary: L - Real estate activities 68 - Real estate activities Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
4 2014 Trinh and Bin Chau v. Viet Nam (II) Trinh Vinh Binh and Binh Chau JSC v. Viet Nam (II) (PCA Case No. 2015-23) Netherlands - Viet Nam BIT (1994) UNCITRAL PCA Investment:

Summary:
Decided in favour of investor Viet Nam Netherlands Data not available Data not available Name not available - President

Name not available - Claimant

Name not available - Respondent
1250.00 mln USD 37.50 mln USD Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 10 April 2019 None None None None None None
5 2013 RECOFI v. Viet Nam RECOFI v. Viet Nam France - Viet Nam BIT (1992) UNCITRAL PCA Investment: Claims to money for outstanding payments concerning RECOFI's participation in a State-run food assistance programme.

Summary: Claims arising out of alleged outstanding payments by the Government concerning claimant's participation in an assistance programme that provided food and basic commodities to Viet Nam when the country faced food shortages in 1987.
Claims to money for outstanding payments concerning RECOFI's participation in a State-run food assistance programme. Decided in favour of State Viet Nam France Secondary: C - Manufacturing

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
10 - Manufacture of food products

46 - Wholesale trade, except of motor vehicles and motorcycles
Hanotiau, B. - President

Alexandrov, S. A. - Claimant

Thomas, J. C. - Respondent
66.00 mln USD Data not available Data not available None - jurisdiction declined Final Award dated 28 September 2015 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Federal Supreme Court of Switzerland dated 20 September 2016 (Judicial review by national courts) None None
6 2011 Dialasie v. Viet Nam Dialasie SAS v. Socialist Republic of Viet Nam France - Viet Nam BIT (1992) UNCITRAL PCA Investment: Ownership of local subsidiary that operated a nephrology and dialysis clinic in Viet Nam.

Summary: Claims arising out of the alleged Government's closure of a private nephrology and dialysis clinic in Ho Chi Minh City operated by claimant's local subsidiary.
Ownership of local subsidiary that operated a nephrology and dialysis clinic in Viet Nam. Decided in favour of State Viet Nam France Tertiary: Q - Human health and social work activities 86 - Human health activities Hobér, K. - President

Jacquet, J.-M. - Claimant

Moser, M. J. - Respondent
47.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - all claims dismissed at the merits stage Award dated 17 November 2014 None None None None None None
7 2010 McKenzie v. Viet Nam Michael McKenzie v. Viet Nam US-Viet Nam Trade Relations Agreement UNCITRAL PCA Investment: Indirect ownership of an investment license to develop a coastal resort in Vietnam’s province of Binh Thuan.

Summary: Claims arising out of the alleged Government's failure to transfer certain land rights to claimant's locally incorporated subsidiary necessary for the development of a tourism resort.
Indirect ownership of an investment license to develop a coastal resort in Vietnam’s province of Binh Thuan. Decided in favour of State Viet Nam United States of America Tertiary: I - Accommodation and food service activities 55 - Accommodation Kaplan, N. - President

Gotanda, J. Y. - Claimant

McLachlan, C. A. - Respondent
3750.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Other
None - jurisdiction declined Award dated 11 December 2013 None None None None None None
8 2004 Trinh and Binh Chau v. Viet Nam (I) Trinh Vinh Binh and Binh Chau Joint Stock Company v. Socialist Republic of Viet Nam (I) Netherlands - Viet Nam BIT (1994) UNCITRAL SCC Investment: Ownership of a food-processing factory, a garment factory and various tourism assets.

Summary: Claims arising out of the alleged unlawful confiscation of real estate and other claimants' assets without compensation, including the criminal conviction of Mr. Trinh.
Ownership of a food-processing factory, a garment factory and various tourism assets. Settled Viet Nam Netherlands Secondary: C - Manufacturing

Tertiary: L - Real estate activities
10 - Manufacture of food products

68 - Real estate activities
Baker, C. M. - President

Hobér, K. - Unknown

Stern, B. - Unknown
100.00 mln USD Data not available Direct expropriation Not applicable - settled or discontinued before decision on liability Award dated 14 March 2007 None None None None None None