Content Join OGEMID
 
  • Linkedin
  • Twitter
  • Rss

Transnational Dispute Management

Skip navigation

Transnational Dispute Management

The network for international arbitration, mediation and ADR, international investment law and Transnational Dispute Management

Join OGEMID

Transnational Dispute Management

The network for international arbitration, mediation and ADR, international investment law and Transnational Dispute Management

  • Sign in
  • Subscribe
  • Home
  • Sign in
  • About About
    1. Home
    2. About
    3. About TDM
    4. About TDM
    5. Founding Editor T.W. Wälde
    6. T.W. Wälde
    7. Editorial team
    8. Editorial team
    9. Contributing Authors
    10. Contributing Authors
    11. Subscriptions
    12. Subscriptions
  • Journal Journal
    1. Home
    2. Journal
    3. Browse Issues
    4. Browse
    5. Articles by Category
    6. By Category
    7. Articles by Author
    8. By Author
    9. Advance publication
    10. Advance publication
    11. Specials
    12. Specials
    13. Search
    14. Search
    15. Book reviews
    16. Reviews
  • Legal & Regulatory docs. L & r docs
    1. Home
    2. Legal & Regulatory docs.
    3. L&R by Country
    4. L&R by Country
    5. L&R by Category
    6. L&R by Category
    7. L&R recent additions
    8. L&R recent additions
    9. Search
    10. Search
  • Audiovisual library AV library
    1. Home
    2. Audiovisual library
    3. Audiovisual Library
    4. Audiovisual Library
    5. TDM/OGEMID Interviews
    6. TDM/OGEMID Interviews
    7. Conference presentations
    8. Conference presentations
  • OGEMID OGEMID
    1. Home
    2. OGEMID
    3. About OGEMID
    4. About OGEMID
    5. Suggest a topic
    6. Suggest a topic
    7. Guest programme
    8. Guest programme
    9. Seminar programme
    10. Seminar programme
    11. Browse archive
    12. Browse archive
    13. Search
    14. Search
    15. Join
    16. Join
  • News & Events Events
    1. Home
    2. News & Events
    3. News
    4. News
    5. Events
    6. Events
  • Subscribe
Home > Legal & Regulatory docs.

Dr. Maya Dangelas (Dang Thi Hoang Yen), U.S. Global Institute Inc, and Angels Company Inc v The Former Prime Minister of the Socialist Republic of Vietnam, Mr. Nguyen Tan Dung, in His Capacity As Organ and Agent of the Socialist Republic of Vietnam, and in His Personal Capacity - Claimant's Notice of Arbitration - PCA Case No. 2020-05 - 4 September 2019

  • Sign in to download document
Country
  • United States
  • Viet Nam
Year

2019

Summary

This Notice of Arbitration is issued pursuant to the UNCITRAL Arbitration Rules (with new article 1, paragraph 4, as adopted in 2013) ("UNCITRAL Rules") by United States Citizen Dr. Maya Dangelas (formerly known as Ms. Dang Thi Hoang Yen), and the United States corporations she owns and controls, U.S. Global Institute, Inc. and Angels Company, Inc. ("Claimants").

...

This Arbitration is brought pursuant to agreements to arbitrate contained in Chapter IV of The Agreement Between The United States And The Socialist Republic Of Vietnam On Trade Relations (the "Trade Agreement"); Vietnam's Law on Investment of 2005 (Law No. 59-2005-QH11) and the Law on Investment of 2014 (Law No. 67-2014-QH13) (the "Investment Laws"); and, importantly, the Vietnam Decree on Public-Private Partnership Investment Form, No. 15/2015/ND- CP (the "PPP Decree") issued and personally signed by former Prime Minister Dung, an explicit agreement to arbitrate claims such as those set forth in this Notice of Arbitration.

Article 110 of the Vietnam Constitution states that "[t]he Government shall be composed of the Prime Minister" and others.1 Consequently, former Prime Minister Dung, the embodiment of the Government that consented to this Arbitration (as detailed below), is bound to arbitrate the disputes set forth in this Notice of Arbitration arising from his wrongful actions while he was the Prime Minister of Vietnam. By naming Mr. Dung as Respondent in this Arbitration, the Government itself necessarily is a party to this Arbitration. However, at this time, Claimants are not seeking to recover damages from the Government but, with the cooperation of the Government, only from Mr. Dung for his wrongful actions while acting as Prime Minister of Vietnam.

Claimants demand arbitration to recover all damages caused by breaches of numerous investment authorizations and agreements by and between TEC and the Vietnamese Government, as embodied by Respondent Dung, arising from the expropriation of Claimants' investment in the Project in Vietnam.

The damages suffered by Claimants result directly from Mr. Dung's actions, in his official and personal capacities, including as former Organ and agent of The Socialist Republic of Vietnam, as well as the violations by the Socialist Republic of Vietnam, under Mr. Dung's direct oversight and control of the Project and for which he should be held responsible, of the investment protections granted to Claimants under the Trade Agreement as well as under the Investment Laws.

As detailed below, Mr. Dung was directly involved, at every step, in inducing Claimants to invest over US$250 Million in the Project, which was cancelled without any legitimate justification and in violation of numerous Vietnamese Government Decrees, Decisions and Licenses issued to Claimants and the companies they own and control in Vietnam and thus in violation of the Trade Agreement, Investment Laws, and the PPP Decree. Mr. Dung, as former Prime Minister, should be held responsible for all such violations.

This cancellation was a direct instruction by Mr. Dung once he learned Dr.

Dangelas would not have the personal and business relationship that he desired, one having nothing to do with his role as then-Prime Minister of Vietnam.

...

Kien Luong Power Plant Arbitration; Kien Luong Thermal Power Plant Projects

To download this document you need to be a subscriber

Sign in

Forgot password?

Sign in

Subscribe

Fill in the registration form and answer a few simple questions to receive a quote.

Subscribe now

Documents missing? Documents to share? Let us know!

If you know of documents which are currently missing from our Legal & Regulatory database do let us know. You can send them directly to us for inclusion in the database, anonymously or otherwise.
Learn more here

Call for contributions

TDM Call for Papers: National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty

John P. Gaffney, Dr. iur Richard Happ,
Lucia Raimanova, Anna-Maria Tamminen, Dr. Catharine Titi

  • John P. Gaffney
  • Dr. iur Ricard Happ
  • Lucia Raimanova
  • Anna-Maria Tamminen
  • Dr. Catharine Titi

TDM Call for Papers: International Investment Arbitration - Environmental Protection and Climate Change Issues

Professor Dr A F M Maniruzzaman, Wendy J. Miles QC, Carla Lewis,
Dr Jane Willems, Dr Stephen Minas

  • Professor Dr A F M Maniruzzaman
  • Wendy J. Miles QC
  • Carla Lewis
  • Dr Jane Willems
  • Dr Stephen Minas

TDM Call for Papers: The Future of Investment Law in Latin America

Dr. Sébastien Manciaux and Francisco Victoria-Andreu

  • Sebastien Manciaux
  • Francisco Victoria-Andreu

TDM Call for Papers: Islamic Finance and Dispute Resolution

Professor Dr A F M Maniruzzaman

  • Professor Dr A F M Maniruzzaman

TDM Call for Papers: The African Continental Free Trade Agreement (AfCFTA)

J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye

  • Prof. Julien Chaisse
  • Dr. Jedrzej Gorski
  • Prof. Emmanuel Laryea
  • Prof. Makane Moïse Mbengue
  • Kehinde Olaoye
  • More
  • Contribute

Advance publication

Algunas consideraciones entorno a la protección efectiva de las inversiones del sector energético en México

26 Jul 2022

J.C. González Magallanes

  • J.C. González Magallanes

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution - Book Review

1 Jul 2022

S. Dutta

  • S. Dutta

Forming Transnational Dispute Settlement Norms: Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific - Book Review

1 Jul 2022

S. Dutta

  • S. Dutta
  • More
  • Contribute

Stay connected

Sign up for our email alerts.

  • Issues
  • Advance publication
  • News
  • Linkedin
  • Twitter
  • RSS

Join the debate

Want to join OGEMID, the leading on-line discussion platform for international dispute resolution?

Simply fill in the registration form to start your trial membership.

Download the app

  1. App store
  2. Google play

The Transnational Dispute Management Journal (TDM, ISSN 1875-4120) and OGEMID listserv focus on recent developments in the area of (investment) arbitration and dispute management, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting. Read our Terms & Conditions here, and our Privacy Policy here.

About TDM

  • Terms & Conditions
  • Contribute
  • Subscriptions
  • Contact
  • Help

Other publications

  • Oil, Gas & Energy Law Intelligence (OGEL)
  • Transnational Arbitration Observer (TAO)

© 2004 - 2022. Published by MARIS.

  • Home
  • Contribute
  • Subscriptions
  • Contact
  • Help