Contract consulting services, legal advice to resolve legal disputes about contracts

Common cases of legal disputes about contracts

Many reasons lead to contract settlement disputes

One of the most popular contract consulting services today is resolving legal disputes about contracts. Contract disputes are understood as disagreements between two parties. Specifically, conflicts about the parties' wrong performance or failure to perform the rights and obligations agreed in the contract.

Currently, there are many reasons leading to legal disputes over contracts:

• Contract dispute because the service user is late or does not pay.
• Contract disputes because the service provider does not guarantee the same as promised.
• Contract disputes because one party unilaterally terminates the contract illegally.
• Contract disputes when there is a breach of obligations by the parties during the performance of the contract.

Current contract dispute resolution methods

Contract disputes are currently resolved by the following methods:

• Methods of resolving contract disputes through negotiation
• Method of settling contract disputes through mediation.
• Method of settling contract disputes through arbitration.
• Methods of settling contract disputes through the Court.

Methods of resolving contract disputes through negotiation

Negotiating is a common way of resolving contractual disputes

Negotiation is a form of contract dispute resolution without the intervention of a state agency or a third party. This is also the first method chosen by the disputing parties to resolve. Currently, most business and commercial contract disputes are resolved through negotiation.

The State of Vietnam also encourages both sides to apply the negotiation method. Because this method demonstrates the freedom of agreement and disposition of the parties to the contract. When negotiating, it must be based on the principle of respecting the rights of both parties to agree.

Method of settling contract disputes through mediation

Mediation is the next commonly used method of resolving contractual disputes. The disputing parties will resolve the dispute through an intermediary: a Mediator or a Mediation Center. The two sides reached an agreement and discussed to reach an agreement on how to resolve the conflict. In the end, both parties will voluntarily agree to the agreed solution through mediation.

With this method, in addition to the two disputing parties involved, there is also a third party, the Mediator / Mediation Center. Note that the mediation at the Mediation Center is only an intermediary. The law does not have mandatory provisions related to mediation. The Mediation Center therefore has no jurisdiction. Procedures for settling contract disputes through mediation are based on Article 14 of Decree 22/2017/ND-C.

Method of settling contract disputes through Arbitration

The arbitrator makes a binding judgment

Inconsistencies and disputes in the contract will be brought to the Arbitrator by both parties. After that, the Arbitrator will issue an enforceable judgment for both parties. The condition for the arbitrator to have jurisdiction is that both parties have agreed to choose an arbitrator. Note that both parties are not allowed to appeal before the Court or other organizations.

How to settle contract disputes through Court

The method of resolving contract disputes through the Court is offered when the two parties cannot reconcile themselves. Therefore, both will ask the Court to resolve the arising dispute. Disputes between the two sides will at this time be resolved through the proceeding agency.

Note that the Court only accepts dispute settlement when requested by both parties. At the same time, this dispute must fall under the jurisdiction of the Court. Judgment by the Court by judgment or decision in the name of the state. Hence guaranteed enforcement with state power. Therefore, this is also the ultimate form of contract dispute resolution.

Legal consulting services to resolve disputes about contracts of Vinh Ha

Vinh Ha Investment Consulting Co., Ltd provides contract consulting services, legal advice on contract dispute resolution. Specifically, the following services are included:

• Giving advice on whether the terms of the contract are in accordance with the law or not?
• Representing or with customers directly participating in contract negotiations with the parties.
• Representing customers directly or with customers to participate in negotiations to sign contracts with partners.
• Research documents, find out information about partners. Then give advice on the experience and reputation of the partner to the customer before signing the contract.
• Giving advice and resolving contract disputes (if any).
• Review in detail the terms in the contract to ensure the legality, rights and obligations in the most favorable direction for the customer.
• Perform other tasks related to consulting contracts for customers.

Contract consulting services, legal advice to resolve legal disputes about prestigious and professional contracts. A team of lawyers, experts with many years of experience and dedicated advice. Customers will be supported with all contract issues, dispute resolution. So contact the company immediately if there are problems related to the contract for the earliest support.