Disputes occur during contract performance are beyond the
control of the entity entering contractual relations. In developed countries,
lawyers always invited to advise customers to identify potential disputes, and
provide solutions, support and provide legal advice and to accompany the
enterprises solve disputes in accordance with the provisions of the law, which
help businesses to focus on its business activities. The contract should be
carefully reviewed by lawyers. Foreign companies when entering Vietnam mostly
follow suit to engage dispute or litigation dispute lawyers in Vietnam at early stage of the transactions.
Contract Dispute
Contractual disputes in Vietnam shall be construed as conflicts, disagreements, conflicts
between the parties regarding the implementation or non-implementation of
rights and obligations in the contract. Disputes could arise in failure to
collect the payment from debtor in sales agreement, construction contract
disputes between investor and contractor, labour dispute between employer and
employee, insurance disputes between ship owner and insurance company.
Contract disputes must satisfy the following
factors:
First, there is a contract between the parties. The contract would
be in different for ms therefore, there is a need to clearly define if the
contractual relationship has been formed or not.
Second, there is a breach of obligations or duties that are in
violation of a party in the contractual relationship.
Third, there is disagreement between the parties about the
handling of infringement or the consequences of such violations.
It should be noted, the contract disputes arise from the breach.
However, not all breaches of contract also lead to disputes.
How to settle the contract disputes in Vietnam?
Contractual disputes can be resolved by the
following methods:
Negotiation is the process or behavior in
which the two sides conduct exchanges, agreement on common interests and
characteristics of disagreement and come to a unified agreement. The
negotiation is without the presence of third parties. However, if the contract dispute lawyers in
Vietnam would be involved during the negotiation process, at
the role of representing or advising, counseling, then the negotiations tend to
be more effective and parties would reach agreement.
Mediation is one of the options for disputing
parties to end the conflict. Mediation is different from negotiating with the
intervention of a third party. Mediator will help parties to achieve agreement
and resolve conflict.
Court or arbitration: The settlement of the
dispute in court would take time. The court’s ruling can be appealed. It should
be noted that, per Vietnam laws, only Vietnam litigation or dispute law firms
could represent the client at court. Commercial arbitration is available only in commercial-business
sector. The advantage of this method is fast and efficient. However, compare
with disputing at court, this method of handling dispute would take higher
costs.
Disputes and dispute resolution matters are natural and inevitable
in any countries including Vietnam. It is important that parties involved need
to identify, anticipate disputes can occur. Contract or agreement should be
reviewed by lawyers. When there is a dispute, the dispute lawyers in Vietnam
will be able to help parties to with advice to reasonable solution to
address the disputes effectively.
ANT Lawyers have litigation and dispute lawyers in Ho Chi
Minh City, Hanoi and Da Nang cities that help clients dealing with
dispute resolution and alternative dispute resolution in Vietnam.
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