[Recap LMS 2026] Talkshow “Exemption from liability for technology-related risks in logistics transactions”

On the evening of August 27, 2026, as part of the Ho Chi Minh City Legal Management Series 2026 (LMS 2026), the talkshow on “Exemption from liability for technology-related risks in logistics transactions” was co-organized by the Vietnam International Arbitration Centre (VIAC) in collaboration with the Ho Chi Minh City Investment and Trade Promotion Centre (ITPC), attracting the attendance of over 100 delegates.

The Panel was moderated by Mr. Chau Viet Bac - Deputy Director of the Vietnam International Arbitration Centre (VIAC) - Branch in Ho Chi Minh City, featuring the participation of panelists: Mr. Le Thanh Kinh - Director of Le Nguyen Law Firm, VIAC’s Arbitrator, Mediator of the Vietnam Mediation Centre (VMC); and Mr. Duong Quoc Thanh - Managing Partner at ALV Lawyers, VIAC’s Arbitrator, VMC’s Mediator.

At the talkshow, the speakers emphasize that the exemption from liability does not arise automatically; rather, the invoking party has to prove to demonstrate that the prerequisites for exemption have been satisfied. Mr. Duong Quoc Thanh further shared that enterprises operating in the logistics sector must mindfully examine both the general legal framework and specific regulations, particularly focusing on the burden of proof, notification obligations and the limitation period.

Against the backdrop of the increasing technological integration in logistics operations, Mr. Le Thanh Kinh cautioned emerging risk categories arising from digital systems and electronic documents. Incidents such as cyberattacks, malware, system outages, platform malfunctions, or the document forgery can directly impede contractual performance, thereby raising the question of whether enterprises are entitled to liability exemption. Unlike subjective assessments, from a legal perspective, technology-related incidents are not automatically regarded as force majeure events. Like other types of risks, they must be assessed against the applicable legal criteria. Consequently, the speakers also advised that enterprises should proactively establish incident response protocols to safeguard the ability to adduce force majeure.

During the talkshow, the speakers also proffered several recommendations for enterprises regarding the drafting of contractual clauses related to applied technological risks and the allocation of liability in logistics service contracts. Accordingly, enterprises should proactively anticipate technological incidents to meticulously draft clauses governing liability and force majeure. The allocation of liability must be evaluated across the entire supply chain and technology, encompassing clients, logistics partners, also providers of technological platforms and services. Concerning disputes involving technological incidents, the speakers noted the necessity of integrating legal perspectives with technological expertise to comprehensively assess the root causes of the incident, the responsibilities of the parties, and the contractual risk allocation mechanism.

Following the experts' presentations, the talkshow proceeded with a Q&A and open discussion session by addressing questions from the attending delegates, aiming to further clarify certain aspects of the exemption from liability and risk allocation issues when technological risks emerge during the performance of logistics transactions. Through these exchanges, the speakers emphasized that a technological incident must be examined in conjunction with the prerequisites for liability exemption, the obligations of the parties, and the risk allocation agreement within the contract. This serves as the foundation for enterprises to proactively identify and design appropriate response mechanisms for technological risks in logistics transactions.

▶️ Watch the program again here: https://www.youtube.com/watch?v=JPxz500dhNY