Form to initiate a lawsuit against a commercial business case in 2022
Commercial disputes are inevitable. Currently, when conflicts arise in commercial business, organizations and individuals have four options to choose from, including negotiation, mediation, court, and commercial arbitration. Choosing a settlement court is one of the methods that the disputing parties choose after unsuccessful negotiation and conciliation. Lawyer X sends to readers the application form to initiate a commercial business case in 2022
Legal grounds:
Commercial Law 2015
Types of commercial dispute resolution
According to the provisions of Article 317 of the Commercial Law 2015; The parties may choose to settle the dispute in one of the following ways:
- Negotiate between the parties;
- Mediation between the parties by an agency; organization or individual selected by the parties to act as a mediator;
- Settlement in Arbitration or Court.
Thus, when choosing to settle disputes at arbitration; attention should be paid to determining the jurisdiction to settle disputes; which commercial disputes fall under the jurisdiction of the courts; Any dispute falling within the jurisdiction of arbitration.
Form to initiate a lawsuit against a commercial business case in 2022
Article 3 of the 2005 Commercial Law stipulates: “Commercial activities are activities for profit-making purposes, including purchase and sale of goods, provision of services, investment, trade promotion, and activities to make profits. other profitable.”
Besides, Business and commercial disputes are conflicts and disagreements that occur between subjects participating in commercial business relations in the course of business and operation of an enterprise to achieve economic benefits for the parties.
The petition for a commercial business case is an indispensable document when the subject of a commercial business dispute chooses a court to resolve the dispute.
Download the commercial business case petition form
Please read the preview and download the application form!
Instructions on how to write a lawsuit against a commercial business dispute in 2022
To: Fill in the information of the court that has jurisdiction to accept the petition
Personal information of the petitioner:
(If the petitioner is an individual, write his full name and year of birth. If the petitioner is an agency or organization, specify the name of the agency or organization – the legal representative)
Specify the grounds for initiating the lawsuit
Specifying specific requests to be resolved by the Court
Part signed and stamped:
(The petitioner is an agency or organization, the legal representative must sign and seal)
Procedures for commercial dispute settlement
For disputes to be settled at commercial arbitration, the order and procedures for settlement are as follows:
Considering the statute of limitations for initiating a lawsuit to settle disputes by arbitration;
Submit a petition to request the arbitration center to settle;
The arbitration center shall establish an arbitration council;
Open a meeting to resolve the dispute;
Judgment of the Arbitral Tribunal.
For commercial disputes to be resolved in Court, the procedure for settlement is the same as for civil disputes, including the following steps:
File the lawsuit petition and documents and evidence attached to the petition at a competent court.
If deeming that the case falls within his/her jurisdiction, the judge shall immediately notify the petitioner so that they can go to the court to carry out procedures to pay the court fee in advance.
The petitioner must pay the court fee in advance and submit the receipt to the Court to avoid the Court suspending the settlement of the case.
Within 03 working days after accepting the case, the chief justice of the court shall decide to assign a judge to handle the case.
The judge must notify in writing the involved parties and relevant agencies and organizations that the case has been accepted.
The process of settling the case shall be carried out according to first-instance procedures and other procedures according to general regulations on civil procedures.
Please see more
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- What is compensation in kind according to Vietnamese law?
Frequently asked questions
It is necessary to go to court to initiate a commercial business case when:
– When there is a commercial business dispute occurs
– Besides, when the disputing parties cannot resolve the conflict by negotiation or conciliation
– When one of the parties chooses the court as the method of dispute resolution,
To initiate a lawsuit in a commercial business dispute case, the plaintiff must fully meet the following conditions:
– Firstly, the plaintiff must have full civil procedure act capacity
– Second, the case that is instituted must fall under the jurisdiction of the Court
– Tuesday is the case still has the statute of limitations to initiate a lawsuit.
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