Dispute Resolution in Vietnam – Applicable Law
When it comes to dispute resolution in Vietnam, we often need to review the case based on the contract agreement and email exchanges between both parties. This is because the contract agreement often lays out the applicable law for dispute resolution and the email exchanges dives into the actual work performed.
Typically, there are two scenarios when it comes to a dispute in terms of the entities. Entity refers to the organization or individual in the dispute. In Vietnam, the entities will often determine the arbitration method used by Vietnam International Arbitration Center (VIAC).
Dispute Resolution without a Foreign Entity
Firstly, both parties are Vietnamese entities. Such dispute resolution is very straight forward and Vietnamese law will be applied unless otherwise mutually agreed.
Dispute Resolution with a Foreign Entity
Secondly, either party is a foreign entity. In this scenario, the arbitration tribunal in Vietnam shall apply the law selected by both parties in the contract agreement. However, if both parties did not select a dispute resolution law, Vietnam’s arbitration tribunal shall make a decision on which law being the most reasonable and suitable.
In summary, there are numerous nuances in dispute resolution. From reviewing and planning to execution, every step is important and has to take into account multiple factors. For more information with regards to dispute resolution in Vietnam, kindly drop us a message or contact us here.