1.

Choose true or false and give reasons for it

a. "Any dispute arising out of or in connection with this contract shall be settled at the
Vietnam International Arbitration Center (VIAC). If a party disagrees with the arbitral
award, it shall have the right to bring the case to a certain competent court”
b. “The commercial arbitration has the right to hear all business disputes if the
contracting parties have an agreement to bring the case to the arbitration.”
c. “Awards are the final decisions of the court when it settles a dispute.”
d. “Judgments are made by the mutual consent of the parties of disputes”

2. On September 24, 2020, Company A (the buyer) (headquarter in Ba Đinh, Hanoi)

and Company B (the seller) (headquarter in Hai Duong, Hai Duong province,
Vietnam) concluded a contract in Hanoi
Under the contract, Party A buys 06 concrete mixing trucks which originate from
China, have registered quality standards and cost US $ 100 thousands. The truck are
delivered in two times: the first, 03 cars, on March 10, 2020; The second, the remaing
cars, on March 25, 2021.
After completion of the first delivery, Party B did not have enough cars for the
second time. Party B offered Party A to wait two months for the Party B's supplier
overcome the problem of production line. Party A replied that only agreed to extend
15 days for delivering the remaining cars. Over that time limitation, on April 15,
2021, Party A has sent a claim to the court.
a. Identify the legal sources of the contract?
b. An article of the contract provides that if any contracting party breaks the rules
under the
contract, he/she will be fined 10% of the value of the breached contractual obligation
portion. Is it suitable with the Law?
c.Which remedies shall Party B be liable for under the Law on Commerce 2005 of
Vietnam. Explain why?
d. Which the court has the jurisdiction to hear first – instance the case under the Civil
Procedure Code 2015 of Vietnam?
e. If any contracting parties disagrees with the judgments of the court, whether does
he/she have the right to continue using other dispute settlement methods or not?