CONSULTING CONTRACTUAL DISPUTE SETTLEMENT

We all know that a contract is an agreement between parties to establish, modify or terminate civil rights and obligations, formulated voluntarily. In practice, there are many conflicts occurred because of the rights and obligations of the parties being violated. In this case, the help of consulting contractual dispute settlement by legal experts is considered one of the most appropriate dispute resolution options.

The writing of consulting contractual dispute settlement shall provide the notes to resolve a contract dispute.

1. Consulting contractual dispute settlement on methods of dispute resolution

A contractual relationship is normally associated with interests; disputes occurred are normally related to conflicts of interests between parties. At that time, parties shall look at methods of dispute resolution appropriate for disputes to resolve disputes and protect their lawful rights and interests. There are usually four methods of dispute resolution including negotiation, conciliation, arbitration, and court.

Parties should negotiate with each other to reach out to a suitable solution to disputes arising. This is a priority method of dispute resolution because of its nature of flexibility. However, parties should select a lawyer for consulting contractual dispute settlement in the negotiation process to reach out the most effective mutual agreement.

Unlike the method of negotiation, the method of mediation has a presence of a third party as a mediator. He will make suggestions to balance interests of the parties so that disputes can be resolved quickly but ensure interests of the parties in the contract.

If self-resolving does not work, the parties can seek the help of a jurisdiction: arbitration or a court. The Court can resolve all disputes (except for cases within the jurisdiction of the Arbitration); the Arbitration only resolves disputes arising from commercial activities when the parties agree to resolve disputes by commercial arbitration and this agreement is in enforce. Disputes resolved through a jurisdiction will take a long time due to the complex procedural process and usually require an assistance of lawyers for consulting contractual dispute settlement.

2. Consulting on contractual dispute settlement on principles of dispute resolution

When participating in contractual dispute resolution, the parties should pay attention to the following general principles:

• The principle of respecting an agreement of the parties in the contract. Accordingly, an agreement on rights and obligations, dispute settlement body, applicable law, etc. which is written in the contract shall be first applied used when a dispute arises if the agreement is not contrary to provisions of law and social ethics.
• All individuals and organizations are equal before the law and are equally protected by law in terms of personal and property rights.
• Individuals and organizations establish, perform and terminate their civil rights and obligations on a free and voluntary basis and without violating the prohibitions of the law or against social ethics.

Above is an overview of consulting contractual dispute settlement. If you have a look for a service of consulting contractual dispute settlement, 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 Intellectual Property, Labor and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective legal service.