1. Documents Required for Preparing an Arbitration Case File According to the Law on Commercial Arbitration 2010, an arbitration claim dossier must include the following basic documents: 1.1. Statement of Claim for Arbitration The statement of claim must contain the following information: Date, month, and year of making the statement of claim; Names and addresses
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Advantages and Disadvantages of Commercial Arbitration Compared with Courts Table of Contents Advantages of Commercial Arbitration Disadvantages of Commercial Arbitration Comparison with Court Litigation Factors Influencing the Choice of Dispute Resolution Methods Practical Experience in Choosing Between Arbitration and Courts Abstract In the process of economic development and international integration, commercial disputes have been increasing
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1. Concept Commercial arbitration may be understood as a private, consensual dispute resolution mechanism conducted at the request and based on the agreement of the parties. Commercial arbitration is competent to resolve only disputes arising from commercial activities (Article 2 of the Law on Commercial Arbitration 2010) and is primarily governed by the Law on
In the era of new-generation Free Trade Agreements such as EVFTA, CPTPP, and RCEP, the playing field for Vietnamese businesses is no longer confined within national borders. Integration brings “oceans of opportunity” with preferential tax rates and huge consumer markets. However, behind that glamour lie turbulent currents fraught with legal risks. In Vietnam, many businesses
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In the era of the digital economy and global supply chains, cross-border trade transactions not only offer opportunities for market expansion but also carry complex legal risks. Differences in legal systems, language barriers, and a lack of trust in the partner’s domestic court system are often the biggest obstacles. When conflicts arise, a mischoice in
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1. Introduction to BBIAC Arbitration Center The Bigboss International Commercial Arbitration Center (BBIAC) is one of the leading arbitration organizations in Vietnam, licensed by the Ministry of Justice in accordance with the 2010 Commercial Arbitration Law. With a mission to provide an effective, confidential, and flexible mechanism for resolving commercial disputes, BBIAC focuses on cases
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What is commercial mediation? 1.1. Definition of commercial mediation Commercial mediation is an increasingly popular dispute resolution method in Vietnam, helping businesses handle conflicts flexibly and effectively. According to the definition in Black’s Dictionary of Laws, mediation is the neutral intervention of a third party to persuade disputing parties to reach a voluntary agreement.
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1. The Concept of Environmental Disputes The definition of environmental disputes is currently not uniformly codified within legal instruments and is subject to varied interpretations. Nevertheless, based on pertinent legislation and jurisprudence/practice, a general concept of environmental disputes may be understood as follows: An Environmental Dispute is a conflict, disagreement, or divergence of opinions among
1. Understanding the Nature of Credit Contracts In civil and specialized legal instruments, the concept of a credit contract is not explicitly defined. Based on the relevant provisions governing credit activities, as well as the inherent nature, role, and conditions of credit operations within the finance – banking sector, such activities essentially constitute the lending
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1. Understanding Land Disputes: Does Commercial Arbitration Have Jurisdiction? Land disputes refer to conflicts or disagreements concerning rights and obligations among parties involved in land relations, commonly arising over land-use rights, boundaries, or interests derived from land-related transactions. The legal basis for this definition is provided in Clause 47, Article 3 of the 2024 Land
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