With the development of society, the contract of sale and purchase of goods is increasingly developed and diversified, so commercial contracts are one of the most common contracts. Along with that, commercial disputes in general and goods sale and purchase contracts, in particular, are increasing in the number and complexity of each case.  Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903.419.479) will discuss how the dispute of goods sale contract would be settled by commercial arbitration in Vietnam.

The regulations of the Commercial Law 2005 and the Law on Commercial Arbitration 2010 play an important role in the disputes settlement of goods sale contracts by commercial arbitration in Vietnam.

1. What is a dispute over a contract of sale of goods?

Disputes in the sale and purchase of goods are conflicts and disagreements over rights and obligations between the parties involved in the contract, which are mainly related to the performance or nonperformance of the rights and obligations under the contract. Disputes may arise from the content of the contract, the interpretation of the contract, the rights and obligations of the parties in the contract, the liability to compensate for damage caused by the breach of the contract, etc.

2. When there is a dispute in trade, how can the parties resolve this dispute?

According to the provisions of Article 317 of the Commercial Law 2005, when a dispute occurs in a goods sale and purchases contract, the parties can resolve it by way of negotiation, conciliation or settlement at arbitration or court.

Which, commercial arbitration is always a preferred option in settling disputes in contracts between parties because of saving time, security, etc.

>>> Read more: Legal advice for the breach of contract

Dispute settlement of goods sale contract by commercial arbitration in Vietnam

3. How to settle disputes in goods sale and purchase contracts by arbitration centres in Vietnam?

The first thing to determine whether an Arbitrator has the right to resolve a dispute is that the parties must have an arbitration agreement. This agreement may be entered into before or after a dispute occurs.

When a dispute between the parties in a goods sale and purchase contract is determined to fall under the jurisdiction of arbitration, the plaintiff must make a petition and send it to the Arbitration Center.

Within 10 days from the date of receipt of the petition, the accompanying documents and the payment of the arbitration fee advance, the arbitration centre shall send to the respondent a copy of the claim plaintiff and the attached documents. according to the petition such as arbitration agreement, and copies of relevant documents.

Within 30 days from the date of receipt of the lawsuit petition and accompanying documents, the respondent must send to the Arbitration Center a copy of the self-defence statement.

Before opening a dispute settlement meeting, the arbitration centre will send a summons to attend the meeting to the parties at least 30 days before the date of opening the meeting.

At the request of the parties, the arbitration council shall conduct conciliation so that the parties can reach an agreement on the settlement of the dispute. When the parties reach an agreement on the settlement of the dispute, the arbitration council shall make a record of successful conciliation signed by the parties and certified by the arbitrators. The arbitral tribunal shall issue a decision to recognize the agreement of the parties.

An arbitral award is a decision of the arbitration council to settle the entire content of the dispute and terminate the arbitration proceedings. This decision must be issued immediately at the meeting or no later than 30 days from the end of the last meeting. In addition, it should be noted that this arbitral award is final and takes effect from the date of issuance.

>>> Read more: Note of signing a contract for the international sale of goods

Dispute settlement of goods sale contract by commercial arbitration in Vietnam

4. Process of providing services at Apolo Lawyers

Step 1: Receive information and documents from customers

The assistant lawyer forwards the request of the Client to the Lawyers to receive and quote the consulting service fee as agreed.

Step 2: Client and Apolo Lawyers Law Firm sign a contract of legal services and pay fees according to the original agreement.

Step 3: The lawyer sends the Client a list of documents that need to be provided for a legal issue that the client is looking for advice and support. After receiving all documents, the Lawyer conducts an inspection and evaluation.

In case there is a problem that needs clarification, the Apolo Lawyers team will actively contact the client for more information.

Step 4: Lawyers collect necessary documents from competent state agencies and related parties.

Step 5: The lawyer sends the required documents and information to the client.

Apolo Lawyers is proud to be a law firm with many years of experience in business consulting that will support clients in the field of commercial contracts. In case you need advice related to a commercial contract, please contact us via email at contact@apolo.com.vn or Hotline – (+84) 903 419 479 for the best advice and support.

APOLO LAWYERS