The situation of Commercial Disputes and Characteristics of Commercial Disputes in Vietnam
Hi lawyer. I plan to do business shortly. However, there are many legal issues I am not clear about. First of all, it is about commercial disputes. What is a Commercial Dispute? What are the characteristics of commercial disputes? Besides, what should I do if there is a commercial dispute? What are the advantages and disadvantages of commercial dispute resolution by arbitration and court? We look forward to hearing from you soon.
Thank you for submitting your question to us. Lawyer X would like to answer your questions as follows:
Legal grounds
– Law on Commercial Arbitration 2010
– Commercial Law 2005
Consulting content
What is a commercial dispute?
Commercial disputes are quite common disputes in the field of commerce. It can be understood that: Commercial disputes are conflicts (disagreements or conflicts) about rights and obligations between parties in the process of performing commercial activities.
Features of commercial disputes
Main subjects of commercial disputes
The main subject of commercial disputes is traders
Commercial relations can be established between merchants or between traders and non-traders. A dispute is considered a commercial dispute when at least one party is a merchant. There are also some cases, individuals; Other organizations can also be the subject of commercial disputes: disputes between companies – company members; disputes between members of the company related to the establishment, operation, consolidation, dissolution, division, separation… the company; …
Grounds for arising commercial disputes
The basis for a commercial dispute is a breach of contract or a violation of the law
In many cases, commercial disputes arise because the parties have breached the contract and violated each other’s interests. However, there may also be violations that infringe upon the interests of the parties but do not give rise to a dispute. The content of commercial disputes is conflicts of rights; obligations and interests of the parties in commercial activities. so, commercial relations are essentially property relations, so the content of commercial disputes is directly related to the economic interests of the parties.
Commercial dispute resolution methods
Commercial disputes require a satisfactory settlement to protect the interests of the parties, educate citizens’ sense of respect for the law, contribute to preventing law violations in commercial activities, and ensure public order. law and social discipline. Currently, commercial disputes are resolved by the following methods:
Negotiation, mediation,
– Commercial arbitration;
– Court.
Settlement of commercial disputes through negotiation
This is the method chosen by the disputing parties first and in practice, most disputes in business and commerce are resolved by this method. So, the State encourages the parties to apply the method of self-negotiation to settle disputes on the principle of respecting the parties’ right to reach an agreement. In addition, when settling commercial disputes by negotiation, the parties can also ask for the support of lawyers to analyze the legal bases and give legal advice for the parties to understand. and see their rights and responsibilities to find a solution as well as reconcile the rights and obligations between the parties.
Settlement of commercial disputes through mediation
Mediation is the disputing parties through an intermediary (Mediator/mediation center) together discuss and agree to come to an agreement on a solution to their disagreement and voluntarily implement the plan. agreed through mediation.
Settlement of commercial disputes through Arbitration
Characteristics of commercial disputes and methods of commercial dispute settlement are characteristic features of commercial disputes. Accordingly, the parties agree to bring disputes that have arisen or will arise between them to settle at Commercial Arbitration, and the Arbitrator, after considering the dispute, will issue a binding judgment. action against the parties.
Settlement of commercial disputes through the Court
This is a method of dispute settlement that the parties through the proceedings-conducting agency to settle.
Please see more articles
Important issues about commercial arbitration in Vietnam
Drafting service of purchase and sale contracts in Vietnam
Frequently asked questions
According to the Law on Commercial Arbitration 2010:
Currently, there are two methods of arbitration. The first is the arbitration method of the case. The second is regulatory arbitration, also known as permanent arbitration.
According to the Law on Arbitration 2010, the arbitration agreement is invalid when:
+ Disputes arising in areas not under the jurisdiction of the Arbitrator.
+ The person who made the arbitration agreement has no authority as prescribed by law.
+ Particularly, the person who made the arbitration agreement does not have civil act capacity as prescribed by the Civil Code.
+ The form of the arbitration agreement is not suitable.
+ One of the parties is deceived, threatened, or coerced in the process of establishing the arbitration agreement and requests to declare the arbitration agreement invalid.
+ The arbitration agreement violates the prohibition of the law.
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