International trade contracts are agreements between partners, enterprises of different nationalities in an international transaction. Famous law firm in Hanoi, Dragon Law specializing in international sales contract provide to clients with best legal advice at the investment hotline 1900.599.979.
Under the provisions of Vietnamese law, international trade contracts are civil relations involving foreign elements and allow the parties to the dispute to agree on the choice of law applicable to that contract.
In addition, for disputes involving civil relations with foreign elements, there may be different dispute settlement bodies in different countries with similar jurisdiction.
If the parties select the dispute settlement agency as the competent courts in Vietnam, according to the principle of international justice of Vietnam, the Vietnamese court shall only apply Vietnamese law to settle the dispute.
Further more, under the Article 319 of the Commercial Law 2005, “the statute of limitations for lawsuits applicable to commercial disputes shall be two years from the moment when the legitimate rights and interests are infringed upon”
In cases where a company (Client) is in need of legal advice and assistance in the settlement of a dispute on an international commercial contract with a partner at a court, Dragon Law has the capacity to provide your company with consultation and support services in resolving disputes in international trade contracts.
Lawyers in international contract at Dragon Law’s service include:
1. Study relevant dossiers and documents to give legal opinions and propose solutions to the cases;
2. Appoint a lawyer to join the Client's representative or to act on behalf of the client at the negotiation with the other parties (upon request);
3. Draft all necessary documents during the first instance court, from the start of the proceedings to the end of the first instance hearing (upon request or proposed by Dragon Law in arising situation);
4. Nominate a lawyer to join the Client's representative or to act as an authorized representative of the Client at the hearings or mediation sessions at the Court between the Client and the counterparty presided by the Court;
5. Nominate lawyers to attend the first-instance trial to protect their legitimate rights and interests;
6. Dragon Law’ attorneys may participate as Attorneys to protect the legitimate rights and interests of Client or its Authorized Representative depending on Client's needs.
Apart from the lawsuit in the competent court, the litigant in the dispute over the international commercial contract may choose one of the other forms of dispute settlement provided for in the Law on Commerce in Vietnam:
1. Negotiation between parties;
2. Conciliation between parties is agreed upon by an agency, organization or individual as a mediator.
3. Resolve at arbitration.
When settling a dispute at the arbitration, the parties have the right to reach an agreement on the following issues:
- Designated arbitration center;
- Place of dispute settlement;
- Language of use and applicable law;
- Applicable law.
The Vietnamese government encourages the parties to voluntarily execute arbitral awards. Upon the expiry of the time limit for the execution of the arbitral award, the losing party does not voluntarily execute the award and does not request the cancellation of the arbitral award as prescribed, the winning party shall have the right to file the petition at the competent civil judgment authority in order to enforce the arbitration award.
Best law firm in Hanoi, Dragon Law has many experienced lawyers who are ready to assist Clients in dealing with and resolving international trade disputes. Client can easy call to the international sales contract legal advice hotline 1900.599.979 for more support or contact through:
Dragon Law Firm - Hotline: 1900.599.979
HQ: FL14.6, VIMECO Bldg, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist., Hanoi
Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong