When disputes related to commercial contracts, the disputing parties can choose to settle in arbitration or in court. So in the case of choosing to settle in court, what is the order and procedure? The following article will clearly answer the above questions.

Commercial contract dispute is a dispute from commercial activities, when there is a conflict of material rights and interests between traders (or one party is a trader). Because the main purpose of commercial activities is the profit purpose, when this factor is not satisfied, a dispute will arise.

The selection of arbitration or court is the concern of the enterprise to the commercial dispute settlement. By the analysis below, Apolo Lawyers hopes the customers shall have an overall and overview of the legal provisions when choosing The court to settle commercial contract disputes.

1/ Competence to settle commercial contract disputes of the People of Courts at all levels

• The Courts of district-level People  shall settle cases of commercial disputes arising in business and commercial activities specified at Points a to i, Clause 1, Article 29 of the CPC ( Civil Procedure Code);
• The Courts of Provincial People settle business and commercial disputes specified at Points k to o, Clause 1, Article 29 and Clauses 2, 3 and 4, Article 29 of the CPC.

2/ The procedures for settling commercial contract dispute at the Court are as follows:

Step 1: Individuals or organizations file lawsuits against commercial contract disputes at the district-level People of Courts where the respondent is an individual residing or an organization has its head office;

Step 2: Within 05 working days from the date of receiving the lawsuit petition with valid documents, the Court will accept and settle the case and will issue a notice of payment of court fee advance to the applicant.

Step 3: Based on the notice of the Court, the involved parties shall pay the court cost advance at the district-level Civil Judgment Enforcement Sub-department and return the receipt of the court cost advance to the Court;

Step 4: The court accepts the case, proceeds to settle the case according to civil procedures and issues a judgment or decision to settle the case.

>>> Read more: The dispute settlement of commercial contract by arbitration

3/ Dossiers of lawsuit against commercial contract disputes

• Petition;

• Documents and evidences proving that the person named in the lawsuit is the person who has the right to initiate a lawsuit;

• Documents on the legal status of the petitioner and other related parties such as licenses, business establishment decisions, business registration certificates; operation charter, appointment decision, power of attorney for the representative of the enterprise (if any);

• Contract (if a dispute arises from a contract);

• Additional minutes, contract annex (if any);

• Documents on contract performance (if any);

• Certificate of intellectual property rights (if dispute over intellectual property);

• Certificate of technology ownership (in case of technology transfer dispute);

• Documents and evidence proving that the involved party is a member of the company (if there is a dispute about a member of the company);

• Documents and evidences proving that the involved claims of parties are grounded and lawful;

• A list of documents to be submitted with the petition (specify the number of originals and copies).

4/ Apolo Lawyers supports the legal service regarding commercial contract disputes by Court

• Legal advice to clients on related regulations;

• Case study and case assessment;

• Find legal grounds, guide customers to collect evidence;

• Advice on choosing a dispute resolution method;

• Participating in negotiations and conciliation;

• Drafting documents, petitions from the lawsuit in case the customer chooses the method of lawsuit;

• Participating in legal proceedings as a defense attorney for the client, protecting the best interests of the client;

• Participating in legal proceedings as an authorized representative for a client;

As a legal consultant, always accompanying investors in business activities in Vietnam, over the past year, Apolo Lawyers has continuously advised and supported foreign investors on the plan as well with many experienced years in drafting and consulting specific contracts in Vietnam.

Customers can connect us with many forms including direct law advice at the office, email counseling, telephone consultation and many other forms to create the best favorable conditions for clients. For customers who cannot directly meet the lawyers, you can choose to consult via Email, or WhatsApp.

Our company will offer the most effective solutions for customers, consulting in writing to ensure high accuracy, with legal basis. With the enthusiastic support from the company, the customer will spend not only a lot of time but also travel expenses.

For further information, contact us:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch      

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City

_____________________________

Tel: (028) 66.701.709 / (028) 35.059.349

Mobile 1/ Whatsapp 1: 0939.486.086 / Mobile 2/ Whatsapp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: apololawyers.com

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

APOLO LAWYERS