Dispute Resolution of international trade contract in Vietnam

Nội dung bài viết

In case having disputes between the parties in international trade contract, SB Law can assist clients to protect their legitimate rights and interests in accordance with current Vietnam’s Law.

The current Vietnamese laws recognize the relationship between these above parties is civil relation involving foreign factors.

Vietnamese laws allows parties to choose applicable law for adjusting such contracts due to their agreement.

In addition, the disputes arising from civil relation involving foreign factors mentioned-above could be governed by different dispute settlement bodies in different countries because they might have the same jurisdiction over the case upon the principles of international private law of each country.

Once the disputes occurred, if the parties choose the competent court in Vietnam as their dispute settlement body, according to the principles of international private law of Vietnam, the Vietnam’s Court shall only apply Vietnam's laws to resolve the dispute.

On the other hand, according to the Article 319 of Vietnam Law on Trade, the statute of limitations for initiating lawsuits applied to the trade disputes shall be two (02) years from the time when legitimate rights and interests are violated unless the context otherwise.

Scope of services provided by SB Law to Client is inclusive of following items:

- Studying the related documents/papers to provide Legal Opinion and Proposed Settlement of the case;

- Entrusting Lawyer(s) to co-operate with representatives of Client or act as an authorized representative on behalf of the Client in the meetings, negotiations to resolve the dispute with related parties (Under the requirements of Client);

- Drafting all necessary documents during the progress of First Instance, from beginning of proceedings until the Trial of First Instance (Under the specific requirements of Client or as proposed by S&B Law in necessity situations).

- Entrusting Lawyer(s) to co-operate with representatives of Client or act as an authorized representative on behalf of Client in the taking testimony session; or mediation session between Client and its defendant, under the presided over the Court's Judges;

- Entrusting Lawyer(s) attends the Trial of First Instance to protect the legitimate rights and interests of Client;

The Lawyer(s) of S&B Law shall act as independent Lawyer(s) or as the authorized representative of Client for protecting legitimate rights and interests under the specific requirements of Client.



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