NGUYEN VAN NHAN

Associate

Tel: +84 965 2426 44 Email: nhannguyen@eplegal.com

PRACTICE

Corporate, Investment, Construction, Energy and Dispute resolution

EXPERIENCE

Nhan has been an active member of EPLegal since 2017, he has assisted in advising and assisting in large and complex projects including construction, energy, real estate, and M&A projects. Nhan also has experience in resolving commercial arbitration disputes in Vietnam, Singapore, UK and other countries.

In the field of dispute resolution, Nhan has participated in a number of arbitration cases at VIAC, ICC and SIAC. Nhan also written many papers on various forms of out-of-court dispute settlement such as negotiation, commercial mediation as well as research on domestic and international commercial arbitration.

In the field of M&A transaction, Nhan has participated in transactions with the role of preparing legal due diligence reports for clients before clients enter into cooperation with the project companies and their foreign investors as to wind power plant projects. Nhan also handled the security documents for clients to secure their ultimate interests in solar and wind power projects over the assets, the power purchase agreements of the project companies, sponsors’ shares in the project companies. In addition, Nhan has experience in resolving dispute as to the SHA, SPA in arbitration at SIAC, the value in dispute is up to USD 30 mil.

In construction sector, Nhan has assisted energy businesses in forming business cooperation contracts, the process of conducting wind, solar power projects and other renewable power projects. Regarding the EPC contract, Nhan has also reviewed EPC contracts and participated in resolving disputes arising from such contracts through arbitration at SIAC.

As to financing matters, in some cases, Nhan advised clients before they enter into syndicated facility agreements with other parties. One of the cases has the facility value of up to USD 10 million. Nhan also prepares security agreement to be entered into by the clients and its borrowers.

In the oil and gas sector, Nhan has given advice for PVN, PVEP and its subsidiaries on many contracts such as fuel product off-take contracts, crude oil and refined oil sale contracts.

EDUCATION

  • Bachelor of Law, Foreign Trade University.
  • Graduated from Judicial Academy, Lawyer training course.

CERTIFICATE

  • Test of Legal English Skills (TOLES)
  • Passed the Online Assessment of Introduction to International Arbitration (CIArb).
  • SIAC China Academy 2020 cert. of participation.

PROJECTS

  • Assist an employer in its SIAC arbitration case (disputed value: approx. USD 3 billion). The dispute arose from an EPC contract for building a coal power plant.
  • Assist a client in an SIAC arbitration case (dispute value: ~ USD 30 million).
  • Assist a client in an ICC arbitration case (dispute value: ~ USD 1 million).
  • PowerChina ZhongNan Engineering Corporation | Prepare short due diligence reports for client to cooperate with Project companies to build 2 wind power plants in Vietnam.
  • Oversea-Chinese Banking Corporation Limited | Assist in reviewing syndicated loan agreement (value: approx. USD 10 million), draft vessel mortgage agreeement.
  • An Xuan Group| Assist in forming a business corporation contract to implement an investment (approximate VND 200 billion) and incentive policies for this type of project – a waste heat recovery power plant.
  • Dan Tri JSC| Advise on its business cooperation contract with a famous online newspaper and resolving disputes arising from such contract.
  • PVNDB |Advise client (buyer) on its obligations and liabilities for taking delivery of refined oil a seller before the Commercial Operation Date under the FPOA.
  • BSR |Assist client (buyer) on claiming force majeure and not taking delivery crude oil.
  • BSR |Assist in drafting financial advising service contract for factory upgrading project.
  • Collyers TMA Ltd| Assist in drafting legal opinion on claiming the carrier for loss of property on a ship sunk in Long Tau river.