Vietnam Commercial Disputes

Vietnam is currently considered one of the fastest-growing dynamic economies in the region and in the world as well.

The rapid and stable development has attracted a lot of foreign investors coming to do business and make substantial investment in this country leading to huge increase in commercial transactions in both domestic and international market, simultaneously followed by inevitably increasing disputes or conflicts in business/ commercial sectors.

In Vietnam, the aforesaid disputes can be resolved by means of Negotiation, Mediation, Court or Arbitration.

On behalf of Clients, lawyers will participate in these processes to protect the legitimate rights and interests of Clients.

Your Trusted Legal Partner In Settlement Of Commercial Disputes In Vietnam

When it comes to choosing a professional law firm to assist in arbitration, litigation for your legal matters or commercial disputes in Vietnam, ALB & Partner is your ideal legal partner.

Our lawyers have extensive understanding of the laws and business culture in Vietnam, therefore, we always take proactive approaches to settle disputes, providing helpful advice and seeking to achieve cost and time effective solutions for our Clients.

It is our strength that is capable of representing Clients in cases that are complicated, high-value and difficult to settle.

We have developed a strong customized team of leading litigators and industry experts such as auditors, tax accountants, seasoned attorneys as well as experienced former judges and procurators whose expertise is combined to take advantage of all best strengths and resources to protect legitimate rights and interests of Clients.

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Arbitration, Litigation and Dispute settlement

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Construction Disputes
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Corporate and commercial arbitration & litigation

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Banking and ﬁnancial litigation

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International Trade disputes

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Intellectual Property

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Corporate Shareholder disputes

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Employment disputes

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Debt collection

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Property disputes

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Contract disputes

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Appeal of final judgements

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Enforcement of foreign judgment and arbitral award

Methods of dispute settlement

Negotiation

Negotiation is a method of settling disputes that do not necessarily need participation of a third party. The basic features of this way are that the parties can comfortably present and share their opinions, persuade the others to accept their arguments, together find appropriate measures, and come to an agreement to solve the disputes.

The negotiation between the parties is not bound by legal regulations on the order and procedures for settlement. The process is flexible, effective, less expensive, convenient, fast and simple. Especially, the prestige, reputation as well as trade secrets shall be protected if the parties choose this method.

However, using this way, the negotiation result completely depends on the voluntariness, understanding, attitude, goodwill and cooperation of each disputing party without any legally binding mechanism to ensure the enforcement of the parties’ agreement during the process.

Mediation and Conciliation

Mediation is one of the options (Alternative Dispute Resolution) instead of bringing the case to a court. This is a method of involving the third party who is neutral but minimizing the intervention of this party in the results of dispute resolution between the parties who shall have full discretion.

Mediation is not for determining who is right or wrong based on evidence rights and obligations to make decisions like at arbitration or court. Mediators or conciliators do not give a judgment but only help the involved parties seek mutual benefits, work out a solution acceptable and voluntarily followed by the parties.

Arbitration

Firstly, the arbitration procedures are flexible, convenient for the parties when they do not have to participate in many levels of trial. The parties are free to choose the arbitral proceedings which are also simpler than those in Court.

Secondly, the right to select an arbitrator to resolve disputes allows the parties to choose experts with professional experience and practice in the subject of disputes, reputable to become arbitrators to resolve disputes of the parties and ensure the quality of final judgments.

Third, arbitration respects the confidentiality of the whole process. The arbitration meeting is not conducted in an open manner [different from proceedings of Court’s public trial, Thus, the parties can preserve their reputation in the marketplace. Notwithstanding the foregoing, arbitrators may encounter difficulties in the dispute resolution process; especially in complicated disputes; such as: verification and collection of evidence, summon of witnesses, etc. Because arbitrators do not have an assisting apparatus, enforcement agency and coercive power as those of the Court. Thus, in a lot of cases, it is difficult for arbitrators to obtain personal information if there is no cooperation from either party.

The cost of arbitration is much higher than that of the Court. In addition, the arbitral award may be subject to review by the court. Thus, it may be annulled at the request of a party.

Litigation at a relevant Court

This is the most popular way for dispute resolution in Vietnam, which has the following pros and cons:

The costs of solving a dispute by a Court will be lower than that of arbitration. The judgement issued by a Court is highly enforceable because it is enforced by the State authority. Moreover, the Court’s procedures are very strict as prescribed by law.

This method also has certain disadvantages. Its procedures are inflexible and lengthy. Besides, the principle of open trial of the Court is sometimes an obstacle for entrepreneurs when their business secrets can be disclosed. Also, the Judgement may be appealed, resulting a prolonged dispute.

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