Dispute Settlement in International Trade Made Simple: 4 Key Mechanisms

Introduction: Why Dispute Settlement Matters in International Trade

When goods cross borders, risks follow. A late shipment, an unpaid invoice, or a disagreement over product quality can quickly turn into a costly conflict. This is why dispute settlement in international trade is a central part of doing business globally.

International trade involves multiple countries, different legal systems, and diverse business cultures. When disputes arise, they can disrupt supply chains, damage reputations, and result in financial losses. Knowing how disputes are resolved is essential not only for lawyers, but also for CEOs, business owners, and future lawyers preparing for careers in global trade.

There are four main mechanisms for dispute settlement in international trade: Negotiation, Mediation, Arbitration, and Litigation. Each has its advantages and challenges. Understanding them helps businesses choose wisely and students grasp the foundations of international commerce.

Dispute Settlement in International Trade Made Simple: 4 Key Mechanisms

Why Do Disputes Happen in International Trade?

Disputes arise when expectations clash or agreements break down. The most common causes include:

• Non-payment: A buyer refuses to pay after delivery.
• Defective goods: Products don’t meet quality standards.
• Late delivery: Delays cause financial harm to the buyer.
• Regulatory issues: Customs or import restrictions block goods.
• Intellectual property disputes: Unauthorized use of brand or design.

Negotiation To Talk It Out

Negotiation is the simplest and most common form of dispute settlement in international trade. It involves direct discussion between the parties without third-party involvement.

Advantages: It is fast, inexpensive, and preserves long-term business relationships. Parties have complete control over the outcome and can agree on flexible solutions.

Disadvantages: The process has no legal guarantee of settlement. Success depends on the willingness of both sides to compromise.

Negotiation is always available, no matter what the contract says. It should be the first attempt before escalating further.

Mediation When A Neutral Person Helps

Mediation involves a neutral third party who helps both sides reach a voluntary agreement. The mediator doesn’t impose a decision but facilitates dialogue.

Advantages: Mediation is confidential, less confrontational, and usually cheaper than arbitration or litigation. It often preserves commercial relationships because the process encourages cooperation rather than conflict.

Disadvantages: A mediated settlement is not legally binding unless it is formalized in writing. More importantly, mediation only happens if both parties agree to try it, it cannot be forced by one side.

Arbitration Is The Global Favorite

International arbitration is a binding process where disputes are resolved by arbitrators chosen by the parties. International arbitration the most widely used method in dispute settlement in international trade, but only if the contract provides for it.

Advantages: Arbitration awards are binding and enforceable in over 170 countries under the New York Convention. Parties can choose a neutral forum, select arbitrators with expertise, and keep proceedings confidential.

Disadvantages: Arbitration can be more expensive and formal than mediation. Arbitration is only available if there is an arbitration clause in the contract, or if both parties later agree to arbitrate.  There also also complexity concepts in seat choice, and choice of laws including law of seat, law governing the arbitration agreement, law governing of the contract that practitioners need to master.

Litigation: Going to Court

Litigation means taking the dispute to national courts. In international trade, litigation is often used if the contract specifies courts, or if no arbitration agreement exists.

Advantages: Court judgments are backed by state authority and may allow for appeals. Courts can also handle issues beyond contracts, such as fraud or criminal claims.

Disadvantages: Litigation is usually slow and expensive. Foreign court judgments are often not enforceable internationally, which limits their usefulness in cross-border disputes. A company wins a case in its home country, but the losing party has assets abroad lead to the enforcement of such that judgment can be very challenging.

Additional Insight: Mediation and Arbitration Together

In reality, these methods are not always separate. Some contracts use tiered clauses, requiring mediation first, then arbitration if talks fail. This approach combines flexibility with enforceability.

This hybrid is sometimes called Med-Arb. It saves time and cost but raises concerns for instance statue of limitation, or if the same person acts as both mediator and arbitrator. One should understand this as an evolving practice in dispute settlement in international trade.

Comparing the Four Mechanisms in Practice

Although all four mechanisms are used worldwide, they differ in cost, speed, enforceability, and impact on business relationships.

• Negotiation is almost always the first step. It is informal, fast, and inexpensive, but carries no legal guarantee.
• Mediation adds a neutral third party to assist communication. It is less adversarial and protects relationships, but it only works if both sides agree to try it.
• Arbitration is the leading method in international trade, but only available if the contract includes an arbitration clause. It provides neutrality and enforceability, though it is more costly than mediation.
• Litigation is usually a last resort. It can be pursued when there is no arbitration clause, but international enforcement is uncertain, and proceedings can take years.

Taken together, the four mechanisms show that businesses must plan dispute resolution clauses carefully at the contract stage, because the options available later will depend on what has been agreed in writing.

Conclusion: What to Take Away

The four main mechanisms: Negotiation, Mediation, Arbitration, and Litigation form the backbone of dispute settlement in international trade. Each has strengths and weaknesses, and the right choice depends on cost, enforceability, and above all, what the contract allows.

This is the foundation of understanding how dispute settlement mechanism functions. For business owners, and international counsels, practitioners mastering these tools is essential to protect contracts and maintain trust in international markets.

Dispute settlement is not a simple ladder. Negotiation is always available, mediation requires consent, arbitration requires an agreement, and litigation applies if no arbitration clause exists. The key is in the contract.

Step-by-Step Guide to Dispute Settlement in International Trade

Step-by-Step Guide to Dispute Settlement in International Trade

Step 1: Review your contract: See what dispute resolution clause is written (arbitration, court jurisdiction, or none).

Step 2: Attempt negotiation: This is always possible and often the most efficient first step.

Step 3: Check if mediation is possible: Only proceed if both parties agree, or if the contract includes a mediation clause.

Step 4: Use arbitration if agreed: If the contract specifies arbitration, or both parties consent later, initiate proceedings at the chosen arbitration center.

Step 5: Litigate if no arbitration clause: If the contract specifies litigation, or if no arbitration agreement exists, the dispute must go to court.

Step 6: Enforce the outcome: Whether arbitration award or court judgment, check if it is enforceable in the country where the other party has assets.

Frequently Asked Questions (Q&A)

Q1: Why is arbitration more common than litigation in international trade?

Because arbitration awards are enforceable under the New York Convention in over 170 countries, while court judgments are often not recognized abroad.

Q2: Can mediation really solve international trade disputes?

Yes, if both parties agree. Many disputes are settled through mediation, which saves time and money. But without consent, mediation cannot proceed.

Q3: What happens if the contract has no dispute settlement clause?

The parties must rely on national courts, unless they later agree to arbitration or mediation. This often makes disputes more costly.

Q4: What is Med-Arb?

It’s a hybrid process where disputes start with mediation and, if unresolved, continue to arbitration. It combines flexibility and enforceability but requires careful structuring.

Q5: How can businesses avoid disputes in international trade?

By drafting clear contracts with dispute resolution clauses, ensuring compliance with international standards, and maintaining good communication with partners.

Source ANT Lawyers: Dispute Settlement in International Trade Made Simple: 4 Key Mechanisms

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8 Essential Lessons Arbitration Counsel Helps Companies to Build Effective Dispute Strategies

 Why Arbitration Matters More Than Ever

When business relationships collapse, companies often discover too late that their contract’s dispute resolution clause is important. Arbitration, trusted for neutrality, speed, and cross border enforceability has become a core part of global commerce.

As a practising arbitration counsel advising clients before domestic and international tribunals, we have seen how a clause can protect and one can lead to procedural delay.

In here, we draw on eight lessons every company and every team of arbitration counsel should know before a dispute begins.

8 Essential Lessons Arbitration Counsel Helps Companies to Build Effective Dispute Strategies

It draws from Vietnam’s Law on Commercial Arbitration, the Civil Procedure Code (CPC), the UNCITRAL Model Law, and the New York Convention, aligning Vietnamese practice with international standards.

The Clause Defines the Framework

Every arbitration begins with a clause and that clause defines the framework. The clause is limited to only a few sentences in length but play significant important roles.

Arbitration counsel in Vietnam frequently encounter clauses that look professional but contain flaws, for example:

• The institution is misnamed, creating jurisdictional confusion.
• The seat of arbitration is omitted, leaving no supervisory court.
• The law governing the arbitration agreement is missing, causing conflict between substantive and procedural rules.

These errors violate core doctrines:

• Separability, which said the arbitration clause remains valid even if the main contract is invalid.
• Competence-competence, which said the tribunal has the first right to determine its own jurisdiction.

This clause is not boilerplate; it defines enforceability.

Procedure Is Also Strategy

Once a tribunal is constituted, procedure becomes strategy.

The lex arbitri, the law of the seat controls how the arbitration proceeds.

Under the competence-competence doctrine, the tribunal decides jurisdiction first, though courts can later review.

In domestic arbitration, Vietnam’s VIAC Rules and the Law on Commercial Arbitration govern timelines.

In international cases, institutional rules and the chosen seat dictate procedure.

The lawyers practicing arbitration understand that timing, evidence, and professional tone shape the tribunal’s perception more than rhetoric.

Enforcement Is Where Reality Begins

Winning an arbitral award is only half the victory. Enforcement gives it value.

In domestic arbitration, awards have the same force as court judgments unless annulled as regulated in the Law on Commercial Arbitration.

In international arbitration, enforcement follows the New York Convention, which Vietnam joined in 1995.

Vietnam’s Civil Procedure Code governs recognition and enforcement of foreign arbitral awards.

Key points include:

1. Authority to Sign: The person signing the arbitration agreement must have legal authority; otherwise, enforcement fails.

2. Proper Notice: Mis-delivery between a company’s branch and head office can invalidate proceedings.

3. Tribunal Formation & Due Process: The tribunal must act impartially and within its mandate.

4. Fundamental Principles of Vietnamese Law: Awards violating Vietnam’s core legal principles may be refused recognition as regulated under the Law on Commercial Arbitration.

Arbitration counsel preparing enforcement applications translate international obligations into local procedures, ensuring filings meet CPC’s deadline and citing the New York Convention appropriately.

Setting Aside Is Not a Second Trial

Sometimes, losing parties seek to try their case through setting aside proceedings.

In Vietnam, grounds for annulment are limited to:

• Invalid arbitration agreement.
• Improper notice or lack of opportunity to present the case.
• Tribunal exceeding its authority.
• Procedural irregularities.
• Violation of fundamental principles of Vietnamese law.

Under Resolution 81/2025/UBTVQH15, effective July 1st, 2025, only the People’s Courts of Hanoi, Da Nang, and Ho Chi Minh City instead of local provincial courts may hear annulment or enforcement cases. This changes would help improve uniformity.

For foreign awards, Vietnamese courts cannot annul them but may refuse recognition under CPC.

Arbitration counsel ensure clients understand that “setting aside” and “refusal of enforcement” are different processes governed by different laws.

The Three Roles of Arbitration Counsel

Modern arbitration counsel in Vietnam perform three essential roles:

1. Advocates before Tribunals: presenting legal arguments, cross-examining witnesses, and coordinating expert testimony in both domestic and international arbitrations.

2. Legal Representatives: managing petitions to enforce or set aside awards, ensuring harmony between Vietnamese law, the UNCITRAL Model Law, and the New York Convention.

3. Advisers to Businesses: designing enforceable clauses, choosing the correct seat, and preparing companies for dispute readiness.

By balancing these roles, arbitration counsel bridge arbitral autonomy and judicial oversight, helping Vietnam maintain investor confidence.

Technology Changes The Arbitration

Arbitration now operates in a digital environment. 

Virtual hearings are getting popular. In Vietnam, there is no law or guidance on artificial intelligence assisting in document review but Ciarb’s guidelines on the use of AI could be a good reference.

The UNCITRAL Arbitration Rules and ICC Rules already allow online procedures.

However, technology imposes new duties, ensuring data security, confidentiality, and authenticity of evidence.

Competent arbitration counsel combine legal skill with digital literacy, guaranteeing that virtual hearings remain fair under the lex arbitri and institutional standards.

Mediation Still Matters

Even with sophisticated arbitration systems, early settlement remains best.

The Med-Arb model, recognized in Vietnam and promoted by UNCITRAL, blends mediation and arbitration for efficiency.

Arbitration counsel trained in both methods guide clients to resolve disputes early while safeguarding enforceability.

This pragmatic approach saves cost, preserves relationships, and supports business continuity.

Vietnam’s Progress and Direction

Vietnam’s arbitration framework is young but advancing rapidly.

Since 2010, the Vietnam International Arbitration Centre (VIAC) has adopted modern rules, and courts increasingly apply doctrines such as separability and competence-competence.

Recent judgments published by the Supreme People’s Court show greater consistency in enforcement decisions.

Each recognition of a foreign award, and each principled refusal under CPC, brings Vietnam closer to global standards under the UNCITRAL Model Law.

Arbitration lawyers in Vietnam play a decisive role in this transformation, case by case, award by award, leveling up Vietnam to get closer to a trusted arbitration jurisdiction in Asia.

Step-by-Step Guide: How to Build an Effective Arbitration Strategy

Designing an arbitration strategy is proactive, not reactive.

The following framework could be used by arbitration counsel to help companies prepare for disputes long before they happen.

Step 1: Draft the Right Arbitration Clause

• Choose a recognized institution and define the seat.
• State governing and procedural laws clearly.
• Maintain separability.
• Seek early review by arbitration counsel.

Step 2: Preserve Evidence and Communication

• Keep all correspondence and contracts organized.
• Send clear written notices when issues arise.
• Document negotiation efforts.

Step 3: Assess the Forum and the Law

• Determine whether the case is domestic or international.
• Identify the seat, applicable law, and enforceability options.
• Consult arbitration counsel for comparative analysis.

Step 4: Select the Tribunal Wisely

• Research arbitrators’ independence and expertise.
• Evaluate diversity and balance.
• Consider the level of the potential conflict for appropriate institutions.

Step 5: Manage the Procedure Professionally

• Respect deadlines and tribunal orders.
• Maintain professional tone and compliance.
• Use the party’s autonomy principle responsibly.

Step 6: Control Costs and Expectations

• Budget early for arbitrators’ fees, translations, experts, and travel.
• Use transparent, phase based billing with arbitration counsel.

Step 7: Anticipate Enforcement Early

• Ensure signatories have authority.
• Confirm assets in New York Convention jurisdictions.
• Keep all procedures clean to resist annulment challenges.

Step 8: Plan for Settlement and Med-Arb Options

• Include mediation clauses where appropriate.
• Allow arbitration counsel to coordinate between mediation and arbitration phases.

Step 9: Prepare for Post Award Action

• Gather certified copies and translations.
• File recognition or defense petitions with one of the three competent courts.
• Rely on arbitration counsel familiar with Vietnamese court practice.

Step 10: Learn and Improve

• After each case, review performance and refine internal policies.
• Treat every dispute as a lesson in risk prevention.

Frequently Asked Questions (FAQ)

Q1: What makes arbitration counsel different from litigation lawyers?

They blend cross border advocacy with procedural strategy, mastering the New York Convention and multiple institutional rules. Language skills are also important to ensure smooth communication.

Q2: What is the difference between domestic and international arbitration in Vietnam?

Domestic involves Vietnamese parties only; international includes a foreign element, affecting procedure and enforcement.

Q3: What if the arbitration clause is unclear?

An unclear clause may cause delay or court intervention. Arbitration counsel can redraft it before signing.

Q4: What are “fundamental principles of Vietnamese law”?

They refer to fairness, equality, good faith, and lawful protection, the Vietnam’s version of “public policy”.

Q5: How long does an arbitration usually take?

Typically 6–12 months at VIAC; complex cross border cases may last longer.

Q6: Can a court decide the merits of an arbitral award?

No in principle. Courts review only procedure, not substance. But this might be interpreted differently in Vietnam sometimes, which is considered procedure and which is not.

Q7: Is online arbitration recognised in Vietnam?

Yes. Virtual hearings are permitted if confidentiality and fairness are ensured and parties agree.

Q8: How can businesses reduce arbitration costs?

By focusing issues, limiting witnesses, and collaborating closely with arbitration counsel.

Q9: Which arbitration institutions are most common in Vietnam?

Domestically, VIAC; regionally, SIAC for international contracts.

Q10: What is the biggest mistake companies make?

Waiting until a dispute begins before seeking advice from arbitration counsel. Early consultation prevents future risks.

Building Trust Through Fairness

Every arbitration starts long before a notice of dispute.

The procedure parties design decides the justice they receive.

Doctrines such as separability, competence-competence, and lex arbitri, together with the UNCITRAL Model Law and New York Convention, make arbitration predictable and respected worldwide.

In Vietnam, these principles are now daily practice, applied by institutions, and arbitration counsel who translate international standards into local law.

Arbitration is not just an alternative to litigation, it is a symbol of business trust and legal maturity.

Source ANT Lawyers: 8 Essential Lessons Arbitration Counsel Helps Companies to Build Effective Dispute Strategies

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5 Key Insights into the Vietnam Intellectual Property Law Amendments: What Businesses Must Prepare For

 Introduction

Vietnam Intellectual Property Law amendments have long been expected.

Why?

For sometime, we have seen clients’ feedback on the delay of the procedures i.e. registration of IP rights, refusal to possible IP violations. Many times, we come across clients feeling hopeless seeking solutions to enforcement of violations of IP rights.

Now, it seems Vietnam is moving into a critical reform period, and one of the most consequential developments is the upcoming Vietnam Intellectual Property Law amendments. This revision cycle is broader than the amendments of 2009, 2019, and 2022. It reflects Vietnam’s economic transformation and the State’s intention to strengthen innovation capacity, align with international commitments, and respond to rapid changes in the digital economy.

The process is already in motion. On October 27th, 2025, the Government formally submitted the Draft Law amending and supplementing a number of articles of the Intellectual Property Law to the National Assembly. The National Assembly then held a plenary debate on November 24th, 2025, focusing on valuation of intellectual property, digital content protection, enforcement mechanisms, and compliance with FTAs such as CPTPP, EVFTA, and RCEP.

Based on legislative procedure timelines and the level of consensus expressed at the November debate, the amendments are realistically positioned for adoption in late 2026, with expected effect from 2027 once implementing decrees and circulars are issued.

In here, we discuss the overview grounded in official records, legal logic, and policy direction for businesses planning ahead.

5 Key Insights into the Vietnam Intellectual Property Law Amendments

IP Must Shift from Protection to Asset Value

Vietnam’s Ministry of Science and Technology (MOST) made it clear in the dossier submitted with the draft that IP must evolve from a passive certificate into an active economic asset.

This aligns with the Government’s strategic orientation to develop a market for science and technology, where the Vietnam Intellectual Property Law amendments will have a key role.

• IP can be valued,
• used as collateral,
• contributed as capital, and
• commercialised across industries.

The draft law calls for:

• Legal recognition of IP valuation,
• A national IP transaction and valuation database,
• More transparent licensing and transfer mechanisms,
• Clear principles for using IP as security in financial transactions.

This is a direct response to the challenges raised by innovators, investors, and enterprises who face difficulties converting IP assets into financial value under the existing framework.

The Digital Economy Requires Modern, Technology-Aligned IP Rules

During November 24th, 2025 National Assembly debate, delegates raised practical concerns regarding digital content, online distribution, and AI-generated materials. Multiple lawmakers noted that the existing law does not adequately address:

• Redistribution of news content on digital platforms
• Platform liability for hosting copyrighted content
• Automated reproduction through algorithms
• AI-generated content that may infringe rights
• Cross-border streaming and digital licensing models

The draft introduces provisions that strengthen digital copyright enforcement and clarify obligations for platforms, intermediaries, and organisations deploying AI-driven content systems.

These changes aim to protect creators, media agencies, and technology companies in a rapidly evolving digital environment.

Enforcement Must Be More Predictable and Harmonised

Reports submitted to the National Assembly’s Committee for Legal Affairs and Committee for Science, Technology and Environment highlighted inconsistencies across administrative, civil, and criminal enforcement channels.

Key issues included:

• Overlapping sanctions
• Limited deterrence for large-scale infringement
• Lack of coordination between market authorities, police, and courts
• Insufficient tools for border enforcement

The amendments seek to:

• Clarify enforcement pathways
• Harmonise administrative and civil remedies
• Strengthen border measures
• Enhance coordination between enforcement agencies

These reforms respond directly to long-standing concerns raised by domestic enterprises and foreign investors about the predictability of IP enforcement in Vietnam.

Vietnam Must Align with Its International Commitments

Vietnam’s participation in FTAs such as CPTPP, EVFTA, and RCEP obligates the country to elevate its IP regime to international standards.

The Government’s explanatory report accompanying the draft law highlighted several areas requiring alignment:

• Border control against infringing imports
• Digital-era copyright protections
• Limitation of liability for online intermediaries
• Fair and transparent licensing practices
• Protection of confidential information and trade secrets

Strengthening these rules helps Vietnam meet treaty obligations while enhancing investor confidence and supporting cross-border licensing, franchising, OEM/ODM manufacturing, and technology transfer.

Registration, Procedures, and Compliance Will Become Simpler and Clearer

Feedback from consultations conducted by the Government in mid-2025 consistently emphasised the need for procedural reforms.

Key areas of simplification proposed in the draft include:

• Shorter IP registration timelines
• More transparent opposition and invalidation procedures
• Easier renewal and recordal processes
• Greater accessibility for SMEs and foreign investors

These improvements are expected to reduce compliance burdens and support enterprises seeking faster and more reliable IP protection.

Step-by-Step Guide for Businesses Preparing for the Vietnam Intellectual Property Law Amendments

A structured preparation plan allows businesses to align internal systems early and minimise risk when the Vietnam Intellectual Property Law amendments come into force.

Step 1: Conduct an internal IP audit

Identify registered and unregistered assets: trademarks, software, databases, confidential information, and creative works.

Step 2: Assess which assets can be monetised or valued

Prioritise assets with licensing potential, market reach, or financial relevance.

Step 3: Strengthen internal IP governance

Clarify employee IP ownership, contractor obligations, and digital content review processes.

Step 4: Update all IP-related contracts

Adjust licensing, outsourcing, manufacturing, franchising, technology transfer, and platform agreements to reflect new obligations.

Step 5: Implement digital and AI compliance mechanisms

Ensure safe use of copyrighted content, establish AI content screening, and protect data and trade secrets.

Step 6: Track the legislative process through 2026

Monitor draft revisions, NA discussions, implementing regulations, and official guidance.

Conclusion

The Vietnam Intellectual Property Law amendments reflect a deliberate shift in Vietnam’s economic strategy: building an innovation-driven, digitally resilient, internationally aligned IP regime. With the draft already submitted to the National Assembly on October 27th, 2025, debated publicly on November 24th, 2025, and positioned for adoption in late 2026, businesses have a clear timeframe to prepare.

For enterprises, this reform is not merely a legal adjustment. It is an opportunity to strengthen valuation, commercialisation, compliance, and digital governance frameworks, ultimately turning intellectual property into a meaningful and strategic asset.

Source ANT Lawyers: 5 Key Insights into the Vietnam Intellectual Property Law Amendments: What Businesses Must Prepare For

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10 Practical Lessons Anti Dumping Law Firms in Vietnam Rely On When Cases Get Serious

 Anti-dumping investigations in Vietnam almost never happen in isolation. By the time a case is opened, the exporter is usually already working with a law firm in its home country on trade strategy, previous investigations elsewhere, and broader market risks.

When Vietnam initiates proceedings, one more piece is added to that possible arrangement. We have seen that, the client turns to their existing advisers in their home country and asks what this new investigation means in practice. Then, the foreign counsel turns to their affiliate anti dumping law firms in Vietnam, dealing with a different set of procedures, short deadlines, and data that is not always ready for scrutiny. 

10 Practical Lessons Anti Dumping Law Firms in Vietnam Rely On When Cases Get Serious

In this article, we draw on our experience as anti dumping law firms in Vietnam to set out ten practical lessons we rely on when cases become serious, and suggest how cooperation can be structured so that your client’s defence is more coordinated, realistic, and effective.

Key Takeaways for Foreign Lawyers

• Anti-dumping in Vietnam is a structured legal process with strict timelines.
• Vietnamese counsel should focus on law, procedure, and reasoning; client and their accountants must own the numbers.
• No firm can guarantee a zero or token duty, but a coordinated approach can avoid worst case adverse facts outcomes.
• Clear role splitting between foreign counsel, anti dumping law firms in Vietnam, and the client’s finance team makes investigations more predictable and less painful.

Dumping is a Methodology

For many clients, being accused of dumping sounds like being accused of doing something improper or unfair in the market. Legally, the concept is much narrower and more technical than that.

In Vietnamese practice, as in other WTO members, dumping is about how prices are compared:

• The export price to Vietnam
• The “normal value” (usually the home-market price, or a constructed value based on cost and profit)

If the export price is lower on a comparable basis, and the method fits the rules, a dumping margin appears.

When anti dumping law firms in Vietnam look at a new case, we first rebuild that comparison clearly from investigation period, product scope, types of sales, and relevant adjustments. That shared understanding with foreign counsel is the starting point for any serious strategy.

Measures Follow Injury and Causation

Many exporters assume that if they can show their price is fair or commercially justified, they should be safe. Unfortunately, anti-dumping law does not work on subjective fairness.

Vietnamese authorities must consider three elements:

1. Dumping, a margin calculated by defined methods.
2. Material injury, real impact on domestic industry which are profits, capacity, market share, employment, etc.
3. Causal link, which dumped imports must be a significant cause of that injury.

In practice, anti dumping law firms in Vietnam spend significant time on the injury story:

• What is happening to Vietnamese producers?
• Are there other major reasons for their difficulties?
• Is the authority attributing too much to dumped imports?

When foreign and Vietnamese counsel align early on this bigger picture, we can jointly shape a more coherent narrative instead of arguing only about the margin percentage.

The Investigation As a Legal Procedure

From a distance, some clients see trade remedies that can be handled mainly through informal channels. Once a case is opened, it becomes a structured legal procedure.

A typical Vietnamese anti-dumping case will involve:

• A formal notice of initiation
• Registration of interested parties
• Detailed questionnaires
• On-site verification of data
• Provisional and final determinations
• Possible reviews and appeals

Deadlines are short and formalities matter. If submissions are incomplete or late, the authority may rely on best information available, which almost always results in higher duties.

One of the core roles of anti dumping law firms in Vietnam is to keep that procedure under control including registering parties, marking confidentiality correctly, meeting deadlines, and making sure the client’s position is properly on record.

Accept that Local Counsel Cannot Rewrite the Rules

Foreign lawyers sometimes ask, very reasonably, whether anti dumping law firms in Vietnam can:

• Extend certain deadlines in practice
• Narrow the product scope informally
• Convince the authority to change its basic methodology

In reality, we are working inside a fixed legal and regulatory framework. We can:

• Request reasonable extensions permitted by law
• Argue that certain product types should be excluded based on objective criteria
• Challenge the way the authority has applied its methods in a specific case

But we cannot promise to change the underlying rules or turn a complex, statutory process into a purely negotiated outcome. When this is explained clearly at the start, it sets expectations realistically for everyone, including the board and business teams.

Law Firms Should Not Act As the Client’s Accountants

This is one of the most practical points for cooperation.

In many cross-border cases, clients or foreign lawyers initially ask anti dumping law firms in Vietnam to calculate the dumping margin so they know their exposure. That is understandable, but it is not the right role for us.

The dumping margin sits on top of the client’s internal accounting:

• Cost structures and overhead allocations
• Domestic and export sales data
• Discounts, rebates, commissions, and credit terms
• Related-party transactions

Only the client’s finance team, or an independent accounting or consulting expert who understands that system, can safely build those numbers. If the law firm becomes the primary author of the margin calculation, it blurs roles and may reduce credibility at verification.

The better division of labour is:

• Client and the accountants or financial consultants produce complete, reconciled data from the systems.
• Anti dumping law firms in Vietnam would test whether the methods used align with the legal framework, check internal consistency, and explain to the authority why certain adjustments or approaches are justified.

Foreign counsel can support this separation by arranging, from the start, that someone on the client side is clearly responsible for the numbers, while the Vietnamese firm leads on law, process, and reasoning.

No One Can Guarantee a Low Duty

In anti-dumping, certainty is rare. Even with full cooperation, strong documentation, and a careful defence, the client may still face:

• A positive dumping margin
• Material injury findings
• Duties that affect their business model

Professional anti dumping law firms in Vietnam will not guarantee outcomes. What we can do is:

• Steer the case away from worst case adverse facts scenarios
• Ensure that the authority is required to justify its reasoning
• Preserve options for review and appeal

Foreign counsel can be very helpful by framing the case internally as risk management, not as a yes or no litigation bet. That framing makes it easier to invest in proper data work and documentation, even if the final duty is not zero.

Weak Data Cannot Be Saved by Strong Advocacy

This is usually the most difficult message to deliver. If a client’s data is fragmented, inconsistent, or simply missing, anti dumping law firms in Vietnam will do what we can:

• Reconcile what exists
• Explain anomalies
• Propose reasonable, rule based ways to handle gaps

But we cannot turn poor records into a robust evidentiary base. If sales do not tie to ledgers, if related party pricing is undocumented, or if discounts exist only in emails and memory, the legal defence will always be constrained.

Foreign lawyers are often better placed than local counsel to push clients early on:

• Cleaning up data extraction
• Assigning serious internal resources
• Accepting that anti-dumping is as much about accounting discipline as legal argument

When that push comes from both sides, results are almost always better.

Build a Joint Structure

The early phase of a case sets the tone. The most effective collaborations between foreign counsel and anti dumping law firms in Vietnam usually share some common features.

On the side of foreign counsel:

• Explain the client’s group structure, decision making chain, and any parallel cases in other jurisdictions.
• Clarify who has authority to approve positions that may affect other countries.
• Help the client understand that Vietnam’s case cannot be treated in isolation if other markets are watching.

On the Vietnamese side:

• Map the initiation notice: products, period, alleged dumping and injury.
• Highlight immediate deadlines and registration steps.
• Break down questionnaires into practical data tasks for finance, sales, logistics.

Instead of handling each request reactively, the goal in those first weeks is to build a case team and a shared calendar. Once that is in place, everything else is easier.

During Questionnaires and Verification

As the case progresses into questionnaires and verification visits, workload and pressure increase. This is where a clear cooperation model pays off.

A typical role split that works well:

1. Client and accountants or financial consultants

• Prepare transaction level data in the formats requested by the authority.
• Reconcile those figures to audited financial statements and ledgers.
• Document how discounts, rebates, and related-party terms actually work in practice.

2. Anti dumping law firms in Vietnam

• Review whether the data set is complete from a legal point of view.
• Check for obvious internal contradictions or unexplained gaps.
• Draft the written explanations and narratives that accompany the data.
• Prepare the client for verification: what officials will look for, how documents should be presented, and how to answer questions without over- or under-stating.

3. Foreign counsel

• Keep the client’s global exposure and parallel investigations in view.
• Ensure that positions taken in Vietnam do not contradict arguments filed elsewhere.
• Translate technical developments into language that the board and business teams can act on.

When everyone stays in their lane but shares information openly, the client experiences a coordinated team.

After Provisional Findings

Once provisional duties are announced, many internal discussions narrow to one question on what will the final margin be.

Realistically, neither foreign counsel nor anti dumping law firms in Vietnam can give a precise answer at that point. What we can do together is work through scenarios:

• If the authority accepts certain methodology changes, what duty range becomes plausible?
• If it maintains its current approach, can the business model absorb the duties, or does production or pricing need to change?
• Is it worth preparing for review or appeal, and what evidence would be needed?

This is where foreign and Vietnamese firms can add the most strategic value together including linking legal options to commercial decisions on markets, contracts, and supply chains. The conversation becomes like what each scenario mean for us, and how do we prepare rather than what the exact number today is.

Questions Foreign Lawyers Often Ask Anti Dumping Law Firms in Vietnam

Q1: Can the Vietnamese firm act as both legal counsel and economic expert?

Vietnamese firms can handle the legal and procedural framework, and they can discuss methodology at a high level. For credibility and accuracy, it is usually better if detailed calculations are produced by the client and their accounting or economic experts. The Vietnamese firm then tests those calculations against the legal rules.

Q2: When is the right time to involve a Vietnamese trade remedy firm?

Ideally before any case starts, especially if your client’s sector is already facing investigations elsewhere. In practice, many instructions arrive only after initiation. Even then, engaging anti dumping law firms in Vietnam early in the process, within the first few weeks makes a real difference to organisation, deadlines, and the quality of submissions.

Q3: Does it still make sense to invest in a defence if the sector is sensitive?

Often yes. Even in sensitive sectors, a structured, cooperative defence can reduce duties, avoid extreme adverse facts margins, and preserve room for reviews or appeals. Sometimes the result is not a complete win, but a managed outcome that keeps the Vietnamese market viable.

Q4: How can we make future cooperation smoother?

From experience, future work with anti dumping law firms in Vietnam is much easier when:

• The client has invested in cleaner, more accessible data.
• Internal roles, legal, finance, logistics are defined in advance for trade remedy cases.
• Foreign counsel and Vietnamese counsel have a clear channel for exchanging drafts and aligning positions across countries.

An early, honest discussion helps a lot.

Conclusion

For foreign lawyers, Vietnam is often one piece of a larger trade remedy cooperation. For anti dumping law firms in Vietnam, the client’s case is grounded in local law and procedure but connected to global strategy.

The most successful outcomes happen when our relationship is a partnership, which the foreign counsel bring global context and client history. The local firms bring in local rules, practice, and procedural discipline. The client provides data and commercial reality.

If we are clear about what each side can and cannot do, especially about the limits of law firms on calculating margins and guaranteeing outcomes, then when cases get serious, we are all pulling in the same direction for the client.

Source ANT Lawyers: 10 Practical Lessons Anti Dumping Law Firms in Vietnam Rely On When Cases Get Serious

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