Civil contract disputes now are diverse and complicated by many causes arising in practice. Besides complying with the signed contract, the demand on civil contract dispute resolution consultancy is also concerned by the parties to the contract.
Civil contract dispute resolution consultancy in common
Despite the terms of the contract, the parties commonly dispute the following contents and have demands on:
- Civil contract dispute resolution consultancy in relation to the effect of the contract;
- Civil contract dispute resolution consultancy in relation to time of property risk transfer;
- Civil contract dispute resolution consultancy in relation to delivery; payment and price of property;
- Civil contract dispute resolution consultancy in relation to rights and obligations between the parties in the contract;
- Civil contract dispute resolution consultancy in relation to the object of the contract; quantity, quality of the property;
- Civil contract dispute resolution consultancy in relation to responsibility for compensating the damage, the penalty for violation, etc.
The methods of civil contract dispute resolution consultancy
- Civil contract dispute resolution consultancy through negotiation and/or reconciliation
Negotiation, reconciliation is the priority applied to settlement; the parties can decide to dispute resolution.
Civil contract dispute resolution consultancy assists the parties to negotiate, reconcile to resolve the dispute themselves, or conduct it through an intermediary. Accordingly, the third-party mediates, supports, and persuades the parties seek the solution to eliminate the conflict. Civil contract dispute resolution consultancy assists parties in dispute to save time, cost to resolve the dispute more than the court.
- Civil contract dispute resolution consultancy through the court
In the event of failure to resolve the dispute through negotiation and reconciliation, civil contract dispute resolution consultancy will advise the client to file the lawsuit in the court to resolve the dispute.
Civil contract dispute resolution consultancy includes reading relevant dossier and advice about an authorization of the Court to resolve the dispute as follows:
- Mostly, the People’s Court of the district where the defendant has the authority to resolve disputes. However, for disputes involving parties or assets overseas, the Provincial People’s court is determined.
- In addition to the Court at the defendant’s residence or working place, the plaintiff or the petitioner can choose the Court to resolve in some cases.
- If the disputed object is real estate, the Court where the property is located shall settle.
Civil contract dispute resolution consultancy includes advice on acceptance of the case files, mediation, conducting the first-instance trial, conducting the appellate trial (if the judgment is appealed), and enforcement of the judgment.
If you have difficulties with related matters civil contract dispute resolution consultancy, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi, and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and Acquisition, Litigation. We are confident in providing customers with optimal and effective legal service.
