Conditions for Arbitration Agreement to Take Effect in Vietnam

What Conditions for Arbitration Agreement to Take Effect in Vietnam?

Commercial arbitration means a mode of dispute settlement agreed by the parties and to be conducted in accordance with law. Arbitration agreement means an agreement between the parties to settle by arbitration a dispute which may arise or has arisen. Dispute is settled by arbitration if the parties have agreed to arbitration. In order for ... Read More
How Does Dispute Settlement Mechanism of WTO Work

How Does Dispute Settlement Mechanism of WTO Work?

The dispute settlement mechanism of the World Trade Organization (WTO) is a succession of the dispute settlement rules that has been effective for nearly 50 years in the history of GATT 1947. The basic objective of this dispute resolution mechanism is to achieve a positive solution to the dispute. Vietnam is member of WTO therefore ... Read More
How Dispute Settlement Mechanism of ASEAN Work?

How Dispute Settlement Mechanism of ASEAN Work?

As economic cooperation has expanded, having an effective mechanism to resolve disputes arising between member countries has become an essential need. Therefore, since 1996, ASEAN has started drafting a Protocol on Dispute Settlement Mechanism, and this Protocol was signed by ASEAN Economic Ministers on November 20, 1996 in Manila (Philippines). The dispute settlement mechanism of ... Read More
How to Distinguish between Deposit and Advance Payment

How to Distinguish between Deposit and Advance Payment?

In commercial transactions, it is very common for one party to give the other party an amount of money before the contract being performed. Should this amount be considered as deposit or advance payment? Deposit is one of security measures for the performance of contract obligations. According to regulation of Civil Code 2015, deposit is ... Read More
Arbitration Lawyers in Vietnam

What is Statue 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
What Procedures for Conciliation and Settlement of Land Dispute?

What Procedures for Conciliation and Settlement of Land Dispute?

Land dispute is one of the most complicated problems which arises regularly in daily life in Vietnam. Land dispute is very diverse, which may be dispute over land use right, ownership of house attached to land use right related to inheritance, divorce, transfer and transformation transaction, leasing, sub-leasing, mortgage, etc. What is land dispute? Land ... Read More
When a Contract is Invalid Due to Non-compliance With Form?

When a Contract is Invalid Due to Non-compliance with Form?

Generally, contracts for sale and purchase of goods and service contract shall be expressed in verbal or written form or established with specific acts. For types of contract which must be made in writing provided by law, such contract must comply with such form regulation. Particularly, contract for international purchase and sale of goods shall ... 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
Contract Dispute Lawyers in Vietnam

What is the Effective Date of the Contract and the Time of Ownership Transfer?

One of the most common disputes in contract disputes is the dispute on the effective date of the contract. In order to avoid these disputes, parties should refer to the nature of the validity of the contract as well as distinguish the difference between effective date of the contract and the time of ownership transfer. ... Read More
Information technology disputes in Vietnam

How to Resolve Disputes of Registration and Usage of the National Domain Name?

Information technology disputes are disputes arising in information technology application and information technology development activities, including the disputes over the registration and usage of the national domain name ".vn". Domain names are names used to identify addresses on the Internet. Domain names are usually named after enterprises, trademarks, services, products, copyrights and geographical indications to ... Read More

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