Disputes and conflicts in economic contracts are quite common occurrences in the writing process. The Business Law clearly defines the basic solutions for disputes in economic and commercial contracts. Dai Viet Law will provide sufficient information to resolve in accordance with the law
Disputes and conflicts in economic contracts are quite common occurrences in the writing process. The Business Law clearly defines the basic solutions for disputes in economic and commercial contracts. Dai Viet Law will provide sufficient information to resolve in accordance with the law
1. The cause of a contract dispute
In business, it is possible to divide the causes of disputes during the implementation process, including subjective and objective causes.
Subjective reasons:
- Enterprises are not clear about legal provisions on the conclusion and implementation of contracts. When signing the contract, the content of the contract is not focused, only the profit is earned.
- The enterprise fails to assess the partner, the subject's status of the signer, which leads to invalidation of all / part of the Contract when a dispute occurs.
- Often there is no model contract, no drafting and careful review of the contract
- Weak business ethics
Objective reasons:
- Lack of transparency and overlap of legal framework for contractual relations, resulting in incorrect application of legal regulations.
- The constant change of legal policies makes it impossible for enterprises to update promptly.
- Due to force majeure events such as natural disasters, epidemics, ....
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2. Classification of contract disputes
Disputes over territorial scope, legality of contract:
- Dispute domestic and international contracts.
- Contract dispute due to violation of the principle of signing, the subject signing, the form of contract.
Dispute a contract by content of violation:
- Disputes performed by the parties of the contract improperly or not in the signed content.
- Common disputes related to the performance of payment obligations agreed in the contract.
- Common disputes related to performance of obligations after the contract such as warranty, maintenance, ...
Disputes by transaction scope:
- Disputes in goods sale and purchase contracts, agency contracts, service provision contracts, ...
3. Methods of settling commercial contract disputes
- Through negotiation: This is a way for the two sides to negotiate their own solutions to the dispute without a third party. This method saves time and costs for both parties
- Through mediation: With the method of mediation with the participation of third parties. The mediator will help the parties come up with a way to resolve the dispute, the final decision still depends on the two parties to the dispute.
- Important arbitration: The arbitrator or arbitration center will resolve conflicts and disagreements. They are only settled when the two parties to the dispute have an agreement with the arbitration. The referee has many outstanding advantages: fast handling time, high expertise, secrets ... but high price
- Through the court: The Court is the agency in the name of the state power. When there is a dispute, one party has the right to sue the other party to a competent court. This is the method of resolving disputes often used by Vietnamese businesses. Advantages: low cost, high judgment validity but cumbersome, time-consuming procedure.
4. Types of contracts settled by Dai Viet Law in business disputes
- Service contract
- Contract of sale, purchase, transfer, lease ... of land and houses
- Contract of business cooperation
- Contract of construction
- Contract of construction and installation
- Insurance business contract
- Commodity trading contracts
- International trade contract
In addition, Dai Viet Law provides additional civil law consultancy services and notarization procedures in accordance with the law.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD - NOTary OFFICE
DAI VIET
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Disputes and conflicts in economic contracts are quite common occurrences in the writing process. The Business Law clearly defines the basic solutions for disputes in economic and commercial contracts. Dai Viet Law will provide sufficient information to resolve in accordance with the law
1. The cause of a contract dispute
In business, it is possible to divide the causes of disputes during the implementation process, including subjective and objective causes.
Subjective reasons:
- Enterprises are not clear about legal provisions on the conclusion and implementation of contracts. When signing the contract, the content of the contract is not focused, only the profit is earned.
- The enterprise fails to assess the partner, the subject's status of the signer, which leads to invalidation of all / part of the Contract when a dispute occurs.
- Often there is no model contract, no drafting and careful review of the contract
- Weak business ethics
Objective reasons:
- Lack of transparency and overlap of legal framework for contractual relations, resulting in incorrect application of legal regulations.
- The constant change of legal policies makes it impossible for enterprises to update promptly.
- Due to force majeure events such as natural disasters, epidemics, ....
See more similar posts:
Notarized translation of documents to apply for work permits for foreigners
Revise the certificate from the beginning of 2020
2. Classification of contract disputes
Disputes over territorial scope, legality of contract:
- Dispute domestic and international contracts.
- Contract dispute due to violation of the principle of signing, the subject signing, the form of contract.
Dispute a contract by content of violation:
- Disputes performed by the parties of the contract improperly or not in the signed content.
- Common disputes related to the performance of payment obligations agreed in the contract.
- Common disputes related to performance of obligations after the contract such as warranty, maintenance, ...
Disputes by transaction scope:
- Disputes in goods sale and purchase contracts, agency contracts, service provision contracts, ...
3. Methods of settling commercial contract disputes
- Through negotiation: This is a way for the two sides to negotiate their own solutions to the dispute without a third party. This method saves time and costs for both parties
- Through mediation: With the method of mediation with the participation of third parties. The mediator will help the parties come up with a way to resolve the dispute, the final decision still depends on the two parties to the dispute.
- Important arbitration: The arbitrator or arbitration center will resolve conflicts and disagreements. They are only settled when the two parties to the dispute have an agreement with the arbitration. The referee has many outstanding advantages: fast handling time, high expertise, secrets ... but high price
- Through the court: The Court is the agency in the name of the state power. When there is a dispute, one party has the right to sue the other party to a competent court. This is the method of resolving disputes often used by Vietnamese businesses. Advantages: low cost, high judgment validity but cumbersome, time-consuming procedure.
4. Types of contracts settled by Dai Viet Law in business disputes
- Service contract
- Contract of sale, purchase, transfer, lease ... of land and houses
- Contract of business cooperation
- Contract of construction
- Contract of construction and installation
- Insurance business contract
- Commodity trading contracts
- International trade contract
In addition, Dai Viet Law provides additional civil law consultancy services and notarization procedures in accordance with the law.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD - NOTary OFFICE
DAI VIET
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
