Dispute Resolution in Vietnam
Dispute Resolution Mechanism in Vietnam
During contract formation, foreign investors dealing with Vietnamese companies may find themselves negotiating with their Vietnamese partners over:
- The choice of foreign law or Vietnamese law as their contract governing law.
- The choice of dispute resolution such as negotiation, conciliation and mediation, litigation or arbitration as the means for resolving any disputes concerning their contractual agreement.
The selection of a suitable and “correct” international law or foreign law can be a complex decision making process. Usually, it depends on the nature of business and agreement. Additionally, it is also important to consider and understand the various risks and advantages posed by the various choices.
Dispute Resolution Means in Vietnam
In recent years, our dispute resolution cases tend to skew towards arbitration. This method is generally accepted to create transparency and predictability for the outcome of the hearing cases.
At Vietnam Legals, we create an effective and efficient combination of arguments, evidence, risk management, negotiation and mediation to bring the most value to our clients.
Here are the generally accepted dispute resolution means in Vietnam:
- Mediation and Conciliation
Dispute Resolution Procedures in Vietnam – by Vietnam Legals
We will advise the most cost effective method for dispute resolution for you and may represent your company in Vietnam if you are overseas.
- Provide a legal opinion on the dispute
- Setting up an action plan for your dispute settlement as well as negotiation scenario
- Drafting necessary legal documents on behalf of your company
- Proceeding negotiation via phone/ email or even in person if necessary
- Filing the dispute resolution request to the court of Vietnam (if required)
Dispute Resolution Sample Cases Resolved
Vietnam Legals has represented numerous clients in dispute resolutions, either by way of out-of-court settlement or before the Vietnamese courts, State agencies or the Vietnam International Arbitration Center.
Herewith some recent cases:
- Representing for an Australian investor being the plaintiff in the dispute between shareholders of a foreign invested company in Vietnam
- Representing for a Singaporean company being the plaintiff before a provincial court in the dispute relating to implementation of Trademark Licensing Agreement
- Representing for an American investor being plaintiff before Vietnam International Arbitration Center in the dispute relating to Trademark Infringement
- Representing for a local company being defendant in an international trade dispute
- Representing for a local company being defendant before Hanoi Court in a case relating to recognition and enforcement of the Foreign Arbitration Award in Vietnam