FORMS OF DISPUTES AND APPROACHES TO SETTLEMENT
Dispute
in Vietnam could be between parties in business transaction, foreign investors
and Vietnam government, or between countries in implementing international
treaties.
The formation of market economy in
Vietnam took place in the context of the development in the width and depth of
the economic ties at a significant fast pace that make Vietnam an important
part of the world supply chain. Vietnam suppliers could sell the goods
and services to the world and the foreign supplier could also export their
goods and services to Vietnam market. Further, as the Vietnam market
opens up, foreign investors could invest through various forms
of investments in Vietnam i.e. acquire equities in
Vietnam companies, establish business in Vietnam. During
this process, disputes are an inevitable result which has been growing in scale
and complexity.
Most should agree that disputes
shall be construed as the dissent, inconsistencies or conflicts of interests,
rights and obligations between the parties in the economic relations at
different levels. Accordingly, economic disputes can have the following basic
forms:
1. Disputes in business are between the participants in a
business transaction including investments, production to consumption of
products or performance of services on the market for profit purposes i.e.
professional and product liability, debt disputes over a business transaction,
franchise disputes,intellectual property disputes, and
disputes over contract for supply of goods or services…
2. Disputes between foreign investors with Vietnam
government agencies, arising in the implementation of the BTO, BT, BOT, and the
implementation of international agreements on promotion and protection
bilateral and multilateral investment i.e. government policy and policy
measures, concession to water and sewerage, power or energy supply, project or
contract payment…
3. Disputes between countries in the implementation of the
international bilateral and multilateral agreements.
In Vietnam, as the disputes arise, parties involved could
consider resolving the matters through negotiation, mediation, arbitration, or taking court actions after taking
consideration of various factors including cost, time, and the complexity of
the disputes. Litigation
law firm in Vietnam with skillful dispute lawyers should
be consulted to provide the suitable advice for dispute resolution.
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