How to Determine Interest Rate for Late Payment Obligations in Commercial Transaction?

How to Determine Interest Rate for Late Payment Obligations in Commercial Transaction?

The most important obligation of the parties to a commercial contract is to deliver or provide services and pay in full and on time as agreed. However, in reality, there are times that one party or the parties fail to perform their payment obligations, causing damages to the other party. In particular, in the case … Read More

Statute of Limitation for Initiating Legal Action According to Arbitral Procedures

What is Statute of Limitation for Initiating Legal Action According to Arbitral Procedures?

Arbitration law always set the the limitation period for request of dispute resolution. This means that the law applies a specific period for parties to bring the dispute to the arbitration. According to law on arbitration 2010 (“LOA”), unless otherwise provided by specialized law, limitation period for initiating legal action according to arbitral procedures is … Read More

Litigation lawyers in Vietnam

What Are Procedures for Postponement at the First Instance Court?

In case that civil lawsuit cannot be mediated or cannot conduct the mediation, the Judge shall hold the meetings for checking the handover, access, disclosure of evidences and mediation. In cases there are many parties in a case and some of them are absent but present parties agree to conduct the meetings and the conduct … Read More

Investor State Dispute Settlement between Foreign Investor and Host State

Investor State Dispute Settlement between Foreign Investor and Host State under CPTPP Agreement and EVIPA Agreement

New-generation FTAs not only limit the field of goods and services but also expand regulation of scope of investment. The majority of these FTAs include liberalization principles of investment and protection of investor through regulation on dispute settlement mechanism between investor and state (ISDS). The two agreements that have recently been paid attention to are … Read More

EU- VIETNAM Free Trade Agreement (EVFTA) and Investment Protect Agreement

EU-VIETNAM Free Trade Agreement (EVFTA) and Investment Protect Agreement (IPA)

On June 30, 2019 the European Council (EC) and Vietnam signed the EVFTA and IPA. This is the largest free trade Agreement which Vietnam signed which reaches 28 economies European countries. EVFTA is separated into two agreements, including Trade agreement and Investment agreement. In August, 2018, EU announced the official document of the Free Trade … Read More

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