COMMERCIAL DISPUTE

SETTLEMENTS
- General information, negotiation, and mediation

LLM. Bui Doan Danh Thao

Objectives

• What are commercial disputes?

1

• How many ways to settle the

disputes are there?
2
What are commercial disputes?

Commercial disputes are disagreements related to

the rights and benefits between parties, arising from
commercial activities or other related activities.
Features of commercial disputes

• Disagreements or conflicts
Nature regarding economic interests
between parties

Main disputers • Business entities

Main dispute • Commercial contracts which are

areas made for the purpose of profit
 What are commercial disputes?
Disputes regarding commercial
contracts between business
entities

Disputes regarding the

establishment,
Disputes between operation,
companies and their reorganisation of a
members company between it
Commercial and its members or
disputes among its members or
it and its managers

Disputes regarding intellectual Disputes regarding transfer of

property rights or technology transfers capital contribution between
which are conducted for the purpose non-members and the company
of profit between individuals or or its members
organisations
Summary: what are commercial disputes
Disputers’
No. Dispute areas Disputers
purpose
1 Commercial contracts Business entities
Profit
Intellectual property rights or Individuals and
2
technology transfers organisations
The company and its
members or
The establishment, operation, Among its members
3 N/A
reorganisation of a company or
The company and its
managers

Non-members and the

4 Transfer of capital contribution N/A
company or its members

The company and its

5 Any disputes N/A
members
Objectives

• What are commercial disputes?

1

• How many ways to settle the

disputes are there?
2
 t i o n Ar
Me dia bit
r a ti
tio
n on

L it
t ia

ig a
go

Commercial

ti o
Ne

n
dispute settlements
Negotiation
Aims
• What is negotiation?
1

• How will the disputes be settled by

negotiation?
2

• How will negotiation results be

enforced?
3
What is negotiation?
 What is negotiation?

Negotiation is a method of dispute settlement in

which disputers try to discuss and settle their
disputes without the intervention of adjudication
tribunals or participation of a neutral third party.
Features of negotiation

Nature • A dispute settlement method

Who will settle • Disputers together

a dispute

Apply law to • No
reach a decision

Negotiation • Reach by the disputers

results
Aims
• What is negotiation?
1

• How will the disputes be settled by

negotiation?
2

• How will negotiation results be

enforced?
3
How will the disputes be settled by
negotiation?

Negotiation process Place and time Decisions

Disputers
Aims
• What is negotiation?
1

• How will the disputes be settled by

negotiation?
2

• How will negotiation results be

enforced?
3
How will negotiation results be enforced?

The parties will willingly commit and perform

agreements they made through a negotiation process
What will happen if one party doesn’t
comply with the agreement?

There is no enforcement from the state power in this case

Summary: Negotiation

The process, language, time

Only disputers participate to and place will be decided by
settle their disputes the disputers

A dispute
settlement method

The agreements will bind on

Agreements between
the disputers and be
disputers through
performed willingly.
negotiation will not be
There is no applicable based on law
enforcement
 t i o n Ar
Me dia bit
r a ti
tio
n on

L it
t ia

ig a
go

Commercial

ti o
Ne

n
dispute settlements
Mediation
Aims
• What is mediation?
1

• How will the disputes be settled by

mediation?
2

• How will mediation results be enforced?

3
What is mediation?
 What is mediation?

Conciliation/mediation is a method of dispute

settlement which includes the participation of a
neutral third party to assist the parties in settling
their disputes without the intervention of
adjudication tribunals
Features of mediation
Nature • A dispute settlement method

Who will settle • A neutral third party

a dispute

Apply law to • No
reach a decision

Mediation • Reach by the disputers based

results upon assistance of the third party
Aims
• What is mediation?
1

• How will the disputes be settled by

mediation?
2

• How will mediation results be enforced?

3
How will the disputes be settled by
mediation?
A dispute will usually settled by mediation through the
following steps:

Statement of the
Information
Introductory remarks problems by the
gathering time
parties

Identification of Bargaining and Reach an

the problems generating options agreement
 Principles of dispute settlement by
mediation

1. Mediators will respect the parties’ agreement.

2. Mediators must be independent, objective and impartial in

assisting the parties to reach an agreement.

3. Dispute settlement by mediation shall be conducted in

private.

4. The parties are entitled to choose the rule, process,

language, place, time and mediators to settle their disputes.

5. An agreement reached through mediation will bind on the

parties
Aims
• What is mediation?
1

• How will the disputes be settled by

mediation?
2

• How will mediation results be enforced?

3
How will mediation results be enforced?

The parties will willingly commit and perform

agreements reached through a mediation process
What will happen if one party doesn’t
comply with the agreement?

There is no enforcement from the state power in this case

Summary: Mediation

Disputes will be settled by The process, language, time

assistance of a neutral third and place will be decided by
parties the disputers

A dispute
settlement method

The agreements will bind on

the disputers and be Agreements between
performed willingly. disputers through mediation
There is no applicable may not be based on law
enforcement
THE END