In the process of business investment activities, conflicts and disputes are inevitable. In order to protect the legitimate interests of related parties, the current law has stipulated measures to settle investment disputes. The following article will help you understand the latest regulations on resolving disputes arising in investment activities.
Currently, the law does not provide a specific definition of "dispute". However, a dispute is understood as a conflict, contradiction or disagreement on a particular issue. In the field of investment, investment disputes are conflicts arising related to investment activities.
According to Article 14 of the Law on Investment 2020, investment disputes will be resolved according to the following provisions:
- Disputes related to investment in Vietnam can be resolved through negotiation and mediation. If an agreement cannot be reached, the parties may take the dispute to Arbitration or Court.
- Disputes between domestic investors, foreign-invested economic organizations, or between domestic investors and state agencies related to investment in the territory of Vietnam shall be settled through arbitration or Vietnamese courts, unless otherwise specified.
- If at least one party is a foreign investor, the dispute can be resolved through:
- Courts of Vietnam
- Vietnam Arbitration
- Foreign Arbitration
- International Arbitration
- Arbitration established by agreement of the parties
- Disputes between international investors and state agencies related to investment in Vietnam shall be resolved through Vietnamese Courts or Arbitration, unless otherwise agreed upon under international contracts or treaties to which Vietnam is a signatory.
- Bargain:
- It is the process of the parties negotiating by themselves to reach an agreement. Negotiation is often the preferred choice because of the simple and flexible procedure.
- Mediation:
- Done with the involvement of an intermediary third party. The intermediary will help the parties find solutions to resolve conflicts.
- Referee:
- Occurs through an arbitral tribunal or arbitrator, in accordance with the provisions of the Law on Commercial Arbitration 2010 and the agreement between the parties.
- Court:
- Handle disputes according to strict and highly enforceable regulations, ensuring the enforcement of judgments.
- This dispute shall be settled at Arbitration or Vietnamese Courts, unless otherwise specified.
- Disputes with at least one party being a foreign investor can be resolved at:
- Courts of Vietnam
- Vietnam Arbitration
- Foreign Arbitration
- International Arbitration
- Arbitration established by agreement of the parties
- Disputes between international investors and state agencies shall be settled through Vietnamese courts or arbitration, unless otherwise agreed upon under international contracts or treaties.
Investment disputes can lead to serious consequences if not resolved properly. To ensure their rights and resolve disputes effectively, businesses should seek advice from legal experts.
A Dong is proud to be a reputable legal consulting unit, with a team of experienced lawyers in resolving complex investment disputes. We are committed to providing the fastest and most effective solution to protect the interests of our customers. If you need more information or support, please contact A Dong Company for detailed advice.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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