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In recent times, the number of contract disputes has been gradually increasing in Vietnam. Corresponding to this trend is the search for methods to resolve contract disputes becoming a predominant need. Not only limited to advising on resolution methods, some parties also request lawyers to draft complaint petitions and prepare lawsuit documents. The following article will outline the basic legal concepts regarding contract disputes in Vietnam to provide readers with knowledge and preparation to avoid passivity when difficulties arise.
Currently, Vietnamese law does not clearly define contract disputes. However, from practical dispute cases, we understand that it involves conflicts, disagreements between parties in a contractual relationship concerning the performance or non-performance of rights and obligations under the contract.
In general, there are two basic types of contract disputes: civil contract disputes and commercial contract disputes.
Contract disputes have the following basic characteristics:
- Arise from a contractual relationship.
- Related to the assets and interests of the parties in dispute.
- Involve the violation of one or more parties’ obligations, affecting the rights and interests of the other party.
Methods of resolving contract disputes include:
- Negotiation, mediation:
- Negotiation is the parties’ voluntary agreement to settle the dispute.
- Mediation uses a third party as a mediator to assist the parties in seeking a solution.
- Resolving disputes through arbitration:
- Follow the provisions of the Law on Commercial Arbitration.
- Parties can choose arbitrators, language, venue, and time for resolution.
Both of these methods have their advantages and disadvantages, and the choice depends on the specific circumstances of each dispute.
In addition to the above two methods, parties can also choose to resolve contract disputes through litigation in court. Resolving contract disputes through the court is a legal process that disputing parties in a contract can use to seek fairness and resolve their disputes.
If the parties cannot reach an agreement outside of court through mediation or negotiation, as well as do not agree to arbitration procedures, they may file a lawsuit with the competent court. The lawsuit will state specific requests for resolving the dispute and related legal issues.
Once the lawsuit is filed, the litigation process will commence. This includes identifying legal issues, gathering evidence, trial sessions, and other legal steps. After hearing evidence and arguments from both sides, the court will issue a decision. This decision may include penalties, compensation, or other measures to resolve the dispute.
Parties are responsible for complying with the court’s decision. If one party fails to comply with the court’s decision, the other party may have to take legal enforcement measures to ensure the decision is implemented.
Depending on the country and specific legal system, the process of resolving contract disputes through the court may vary.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Contract Reviewing and Drafting. If you need any advice, please contact us for further information or collaboration.
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