Dispute
resolution methods are litigation, negotiation, mediation and arbitration.
Handing disputes requires litigation
dispute law firm in Vietnam with dispute lawyers in Vietnam having experience and knowledge to
provide resolutions to complex cross-border issues, commercial and civil
disputes.
Arbitration
Law Firm in Vietnam
In the current business environment, most business agreements
could contain a clause stipulating that disputes arisen must be resolved in
arbitration. For a dispute to be referred to arbitration, there must be a
valid arbitration agreement in writing, either as an arbitration clause within
a contract or a separate agreement. If the agreement is included within
the context of a contract, the arbitration clause is considered independent,
and any modification, extension, or termination of the contract does not affect
the validity of the arbitration clause. Vietnamese law allows for a written
arbitration agreement to take the form in any written form, so long as the
writing clearly indicates the parties’ intent to resolve any dispute via
arbitration. If a dispute falls within the scope of a valid arbitration
agreement, but a party attempts to initiate court proceedings, the residing
court does not have jurisdiction over the matter, and must drop the case.
Moreover, an arbitration agreement does not have to stipulate specific dispute
matters and/or the arbitration organization authorized to resolve disputes
without supplemental agreement. Even if there is a valid arbitration
agreement, Vietnamese Arbitration Law stipulates that in order for a dispute to
go to arbitration, it must also fit into one of three categories:
(1) disputes arising from “commercial activities”;
(2) disputes where at least one party is engaged in commercial
activities;
(3) other disputes where the law stipulates that arbitration is
a permissible means of resolution.
In category (1), the term “commercial activity” is defined in
Commercial Law No. 36-2005-QH11 (31 December 2005) as “activity for
profit-making purposes comprising the purchase and sale of goods, provision of
services, investment, commercial enhancement, and other activities for
profit-making purposes.” The types of disputes that often fall into the
second category are noncommercial disputes, such as civil disputes, where at
least one party to the dispute is engaged in commercial activities. However,
this category does not apply in disputes between a good/service provider and a
consumer. In this case, the law allows the party to choose between
litigation and arbitration. Even the agreement includes a standard arbitration
clause in the supply of goods or services contract, the dispute may not be
arbitrated without the consumer’s consent. The final category of disputes
permissible for arbitration gives legislators discretion to expand or maintain
the types of disputes resolved through arbitration. An example of a
category (3) dispute is a dispute arising from investment activities governed
by the Law on Investment.
Arbitration has become an extremely popular method
of dispute resolution, as many businesses prefer it over the high costs of
litigation.
Contact Us for Mediation Services in
Vietnam provided by qualified mediators and lawyers,
supported by field experts.
ANT Lawyers in a law firm in Vietnam,
recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea
Legal, the global law firm network covering more than 150 jurisdictions. The
firm provides a range of legal services to multinational and domestic clients.
For advice or services request, please contact us via email ant@antlawyers.vn,
or call us +84 24 730 86 529.
