LEGAL INSIGHTS:
A. THE DISTINCT CHARACTERISTICS OF ARBITRATION – Should you choose arbitration instead of the court for dispute resolution?
(1) Which cases may the parties resolve a dispute by arbitration?
(2) Advantages of dispute resolution by arbitration
(3) Disadvantages of dispute resolution by arbitration
(4) Disputes that should be resolved by arbitration
B. VIOLATION OF DELIVERY DEADLINE IN THE CONTRACT FOR PURCHASE AND SALE OF GOODS
C. THE DISSOLUTION OF AN ENTERPRISE DUE TO FAILURE TO FULFILL ITS OBLIGATION TO REPORT
COURT UPDATES
• Plan for reorganization of specialized courts
• Pilot project on renovation and enhancement of mediation and dialogue in the resolution of civil and administrative disputes
• Gathering comments on the draft Code of Conduct for judges in Vietnam
Q&A CONCERNING JUDGEMENT ENFORCEMENT
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
** Vietnamese and more, please visit our website: www.letranlaw.com.vn
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
International commercial arbitration under the icc rules a critical viewVioleta Arce
The document outlines the structure and process of international commercial arbitration under the ICC Rules, including the arbitration request, tribunal appointment, proceedings, and awards/costs. It discusses recent changes to address challenges like time and costs, multi-party disputes, and good faith. Other arbitration institutions like UNCITRAL, LCIA, and AAA are compared, with the ICC noted as having more structure, support and experience in international arbitration. The conclusion states the ICC and other rules are largely similar, so parties should consider their specific needs in choosing the best dispute resolution mechanism.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
The document discusses ad hoc arbitration versus institutional arbitration. It provides details on:
- Institutional arbitration follows set rules through time-bound and impartial proceedings, with a defined cost structure and binding decisions. Only an arbitration clause in a contract is needed.
- Currently the major arbitration centers in India are the Nani Palkhiwala Arbitration Centre and the London Court of International Arbitration in India.
- Ad hoc arbitration involves parties selecting arbitrators without an arbitral body. Rules are set in the arbitration agreement and there are no administration fees.
- Most commercial arbitrations between private corporations are ad hoc but this often leads to problems like lack of impartiality and undefined timeframes.
This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
International commercial arbitration under the icc rules a critical viewVioleta Arce
The document outlines the structure and process of international commercial arbitration under the ICC Rules, including the arbitration request, tribunal appointment, proceedings, and awards/costs. It discusses recent changes to address challenges like time and costs, multi-party disputes, and good faith. Other arbitration institutions like UNCITRAL, LCIA, and AAA are compared, with the ICC noted as having more structure, support and experience in international arbitration. The conclusion states the ICC and other rules are largely similar, so parties should consider their specific needs in choosing the best dispute resolution mechanism.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
This document provides an overview of key sections from Chapters IV and V of the Arbitration and Conciliation Act relating to the jurisdiction of arbitral tribunals and the conduct of arbitral proceedings. It summarizes sections 16-21 which address an arbitral tribunal's jurisdiction to rule on its own authority, procedures for raising objections, interim measures, place of arbitration, and commencement of proceedings. The document also discusses related case laws that have supported arbitral tribunals' powers to determine procedures and evidence admissibility.
The document discusses ad hoc arbitration versus institutional arbitration. It provides details on:
- Institutional arbitration follows set rules through time-bound and impartial proceedings, with a defined cost structure and binding decisions. Only an arbitration clause in a contract is needed.
- Currently the major arbitration centers in India are the Nani Palkhiwala Arbitration Centre and the London Court of International Arbitration in India.
- Ad hoc arbitration involves parties selecting arbitrators without an arbitral body. Rules are set in the arbitration agreement and there are no administration fees.
- Most commercial arbitrations between private corporations are ad hoc but this often leads to problems like lack of impartiality and undefined timeframes.
This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
The document summarizes developments in international arbitration from several jurisdictions:
1) It discusses enforcing foreign arbitration awards in Thailand and Vietnam, noting the procedural difficulties in both countries but that Thailand takes a more conservative approach.
2) It analyzes a recent UK court decision on the enforceability of a penalty clause in an arbitration award.
3) It reviews a Dubai court judgment on arbitration tribunal immunity.
4) It discusses a Privy Council decision on optional arbitration clauses.
5) It provides an update on proposed revisions to the SIAC arbitration rules and new investment arbitration rules.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
The document provides information on arbitration and enforcement of foreign judgments in Kuwait. It discusses:
- International treaties Kuwait has signed related to arbitration and enforcement, including the New York Convention.
- Kuwait's arbitration system being similar to other jurisdictions, using both institutional and judicial arbitration.
- The main arbitration bodies in Kuwait operating under its civil and commercial laws.
- Foreign arbitration decisions and court decisions being recognized based on reciprocity.
- Mandatory procedures that must be followed in Kuwaiti arbitration, including requirements for arbitration agreements.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
The document discusses the conduct of arbitral proceedings under the Arbitration and Conciliation Act of 1996. It summarizes key sections of the Act related to equal treatment of parties, determination of procedures, place of arbitration, and commencement of proceedings. The arbitrator is not bound by strict rules of evidence or civil procedure, but must follow principles of natural justice. The parties have freedom to agree on procedures and location, or the arbitrator will determine based on convenience.
The document discusses the doctrine of binding non-signatories to arbitration agreements through group of companies theory. It traces the evolution of the doctrine through ICC cases like Dow Chemical v Isover Saint Gobain. While recognized in some jurisdictions like France, the doctrine is rejected in the UK and status varies in the US and India. The submissions note issues with expansive application of common intent and implications of jurisdictional approaches on forum shopping and ICC arbitrations.
This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
This document discusses arbitration and adjudication as methods for resolving disputes outside of court. It defines arbitration as involving a neutral third party to resolve a dispute when two parties cannot agree. There are two main types of arbitration discussed - voluntary arbitration, where parties agree to arbitration, and compulsory arbitration, where parties are required to arbitrate. The document also outlines merits like cost-saving and time-saving, and demerits like inability to strike. If parties are unsatisfied with arbitration, they can pursue adjudication involving lawyers or courts. A tier system of labor courts, industrial tribunals, and national tribunals is also described.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
Arbitration is a quasi-judicial method of settling civil disputes through a decision by one or more arbitrators rather than a court. Under Indian law, arbitration refers to the settlement of civil disputes related to money, property, or contract breaches by a quasi-judicial process with a decision by appointed arbitrators. For arbitration to occur there must be a written agreement between the parties to submit present or future disputes to arbitration, which may or may not name the arbitrator(s). Disputes can be referred to arbitration through the court when no suit is pending or when a suit is already pending.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
Section 8 of the Indian Arbitration and Conciliation Act provides that courts must refer parties to arbitration if there is a valid arbitration agreement and the subject matter of the dispute is covered by the agreement. The document analyzes key judicial interpretations of Section 8, including that it applies to civil disputes, the arbitration agreement's validity cannot be disputed, and courts may consider the arbitral tribunal's competence. While courts have allowed some exceptions, recent amendments to Section 8 aim to limit judicial intervention in arbitration. In conclusion, Section 8 continues to promote arbitration in domestic cases where an agreement exists.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document summarizes the applicable law in international arbitration. It discusses that there are three aspects of applicable law: 1) the law governing the arbitration agreement, 2) the law governing arbitration procedures, and 3) the law governing the merits of the case. For arbitration agreements, principles of private international law or the conflict of laws rules of the national law typically apply. For procedures, the law of the seat of arbitration usually applies. For the merits, the proper law of the contract or the law with the closest relationship to the contract typically applies, respecting party autonomy when present. The document outlines practices and cases from various countries to illustrate the application of these principles.
This document appears to be an assignment analyzing various aspects of contracts and negligence for a business. It contains 4 tasks that discuss essential elements of a valid contract, different types of contracts and their impact, analysis of contract terms, application of contract law, tort liability versus contractual liability, negligence liability, and vicarious liability in business situations. The document also includes an executive summary, table of contents, and references section.
This document discusses various aspects of dispute resolution including alternative dispute resolution (ADR) mechanisms, arbitration, and conciliation. It provides definitions and explanations of key terms like arbitration agreement and different types of arbitration proceedings. The advantages of ADR over litigation are highlighted. Issues related to the jurisdiction and impartiality of arbitrators are also covered. The objectives and relevant sections of the Arbitration and Conciliation Act of 1996 are summarized.
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
The document summarizes developments in international arbitration from several jurisdictions:
1) It discusses enforcing foreign arbitration awards in Thailand and Vietnam, noting the procedural difficulties in both countries but that Thailand takes a more conservative approach.
2) It analyzes a recent UK court decision on the enforceability of a penalty clause in an arbitration award.
3) It reviews a Dubai court judgment on arbitration tribunal immunity.
4) It discusses a Privy Council decision on optional arbitration clauses.
5) It provides an update on proposed revisions to the SIAC arbitration rules and new investment arbitration rules.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
The document provides information on arbitration and enforcement of foreign judgments in Kuwait. It discusses:
- International treaties Kuwait has signed related to arbitration and enforcement, including the New York Convention.
- Kuwait's arbitration system being similar to other jurisdictions, using both institutional and judicial arbitration.
- The main arbitration bodies in Kuwait operating under its civil and commercial laws.
- Foreign arbitration decisions and court decisions being recognized based on reciprocity.
- Mandatory procedures that must be followed in Kuwaiti arbitration, including requirements for arbitration agreements.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
The document discusses the conduct of arbitral proceedings under the Arbitration and Conciliation Act of 1996. It summarizes key sections of the Act related to equal treatment of parties, determination of procedures, place of arbitration, and commencement of proceedings. The arbitrator is not bound by strict rules of evidence or civil procedure, but must follow principles of natural justice. The parties have freedom to agree on procedures and location, or the arbitrator will determine based on convenience.
The document discusses the doctrine of binding non-signatories to arbitration agreements through group of companies theory. It traces the evolution of the doctrine through ICC cases like Dow Chemical v Isover Saint Gobain. While recognized in some jurisdictions like France, the doctrine is rejected in the UK and status varies in the US and India. The submissions note issues with expansive application of common intent and implications of jurisdictional approaches on forum shopping and ICC arbitrations.
This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
Suitability of ADRs to particular types of disputes;Civil Procedure Code and ...Hitendra Hiremath
This document discusses the suitability of alternative dispute resolution (ADR) methods for different types of disputes and their relationship to the Civil Procedure Code in India. It notes that ADR methods like mediation and conciliation are well-suited for family disputes, industrial disputes, and consumer disputes. The Civil Procedure Code was amended to allow courts to refer disputes to arbitration, mediation, or other settlement methods. The amendments empower courts to direct parties to attempt outside settlement and establish procedures for ADR referrals. Landmark court rulings have also helped develop the framework for integrating ADR into the civil litigation system in India to reduce judicial backlog and expedite case resolutions.
This document discusses arbitration and adjudication as methods for resolving disputes outside of court. It defines arbitration as involving a neutral third party to resolve a dispute when two parties cannot agree. There are two main types of arbitration discussed - voluntary arbitration, where parties agree to arbitration, and compulsory arbitration, where parties are required to arbitrate. The document also outlines merits like cost-saving and time-saving, and demerits like inability to strike. If parties are unsatisfied with arbitration, they can pursue adjudication involving lawyers or courts. A tier system of labor courts, industrial tribunals, and national tribunals is also described.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
Arbitration is a quasi-judicial method of settling civil disputes through a decision by one or more arbitrators rather than a court. Under Indian law, arbitration refers to the settlement of civil disputes related to money, property, or contract breaches by a quasi-judicial process with a decision by appointed arbitrators. For arbitration to occur there must be a written agreement between the parties to submit present or future disputes to arbitration, which may or may not name the arbitrator(s). Disputes can be referred to arbitration through the court when no suit is pending or when a suit is already pending.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
Section 8 of the Indian Arbitration and Conciliation Act provides that courts must refer parties to arbitration if there is a valid arbitration agreement and the subject matter of the dispute is covered by the agreement. The document analyzes key judicial interpretations of Section 8, including that it applies to civil disputes, the arbitration agreement's validity cannot be disputed, and courts may consider the arbitral tribunal's competence. While courts have allowed some exceptions, recent amendments to Section 8 aim to limit judicial intervention in arbitration. In conclusion, Section 8 continues to promote arbitration in domestic cases where an agreement exists.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document summarizes the applicable law in international arbitration. It discusses that there are three aspects of applicable law: 1) the law governing the arbitration agreement, 2) the law governing arbitration procedures, and 3) the law governing the merits of the case. For arbitration agreements, principles of private international law or the conflict of laws rules of the national law typically apply. For procedures, the law of the seat of arbitration usually applies. For the merits, the proper law of the contract or the law with the closest relationship to the contract typically applies, respecting party autonomy when present. The document outlines practices and cases from various countries to illustrate the application of these principles.
This document appears to be an assignment analyzing various aspects of contracts and negligence for a business. It contains 4 tasks that discuss essential elements of a valid contract, different types of contracts and their impact, analysis of contract terms, application of contract law, tort liability versus contractual liability, negligence liability, and vicarious liability in business situations. The document also includes an executive summary, table of contents, and references section.
This document discusses various aspects of dispute resolution including alternative dispute resolution (ADR) mechanisms, arbitration, and conciliation. It provides definitions and explanations of key terms like arbitration agreement and different types of arbitration proceedings. The advantages of ADR over litigation are highlighted. Issues related to the jurisdiction and impartiality of arbitrators are also covered. The objectives and relevant sections of the Arbitration and Conciliation Act of 1996 are summarized.
How Amendment to Contracts in Vietnam Can be Made.pdfVietnam Solicitor
Once a contract is made legally, contracting parties shall implement and such contract is respected by third parties. As stated in Civil Code 2015 (“CC”): “Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities”. However, in the implementation process, the contract can be amended, which means, rights and obligation of...
Once a contract is made legally, contracting parties shall implement and such contract is respected by third parties. As stated in Civil Code 2015 (“CC”): “Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities”. However, in the implementation process, the contract can be amended, which means, rights and obligation of parties can be amended accordingly.
How Amendment to Contracts in Vietnam Can be Made.pdfANT Lawyers
Once a contract is made legally, contracting parties shall implement and such contract is respected by third parties. As stated in Civil Code 2015 (“CC”): “Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities”. However, in the implementation process, the contract can be amended, which means, rights and obligation of...
The document discusses alternative dispute resolution (ADR) mechanisms for resolving disputes in the construction industry, specifically focusing on arbitration and mediation. It provides an overview of arbitration, including that it is a binding process where disputing parties agree to have a neutral third party make a final decision. The arbitration process and advantages/disadvantages are summarized. Mediation is also summarized, noting it is a voluntary process where a neutral third party facilitates negotiations between disputing parties but does not make a binding ruling. Key aspects of mediation like types, the mediator's role, and typical mediation sessions are highlighted.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
This document provides an overview of arbitration agreements and procedures, including:
1. How to draft an arbitration agreement and tailor the procedure to suit needs, such as choosing institutional vs. ad-hoc arbitration, number of arbitrators, and applicable law.
2. The processes for submitting a request for arbitration, statement of defense, and counterclaim.
3. Issues related to the arbitral tribunal, such as conflicts of interest and submissions to the tribunal.
4. Preparing for and participating in arbitration hearings.
5. Options after the award such as requesting correction, interpretation, or annulment of the award.
This article focuses upon certain practices and scheme of ADR in India in the form of question and answer format related to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for a better understanding to commoners and budding ADR practitioners.
Construction Disputes & Settlement.pptxAditya Mane
There are two main categories of claims in construction disputes: claims by contractors against clients, and claims by clients against contractors. Common contractor claims include extras, refunds, compensation for delays caused by the client, breach of contract, and interest on delayed payments. Common client claims include damages for contractor delays, defective work, overpayment, and expenditures to complete incomplete or abandoned work. Disputes can be settled through direct negotiation, arbitration, or litigation. Direct negotiation is the easiest method, while arbitration involves a third party arbitrator with powers like administering oaths and correcting errors. Litigation is a last resort that involves legal professionals and lengthy court battles.
The document discusses the validity terms of contracts, including mutual consent, capacity, certainty of object, and lawful cause. It defines key concepts like offer and acceptance, noting an offer must be definite and communicated to create a binding promise upon acceptance. Acceptance can be expressed or implied through silence based on business customs. The parties must have capacity and mental ability to contract, the object must be possible and defined, and there must be lawful cause such as exchange of goods/services. The document also discusses principles of freedom of contract and consensus between parties to establish a valid agreement.
Professional Lawyer Dr. Hassan Elhais details about choosing the right mediator in contractual disputes. For more details, information: https://www.professionallawyer.me/.
This document provides an overview of alternative dispute resolution (ADR) methods and how they compare to litigation. It discusses the inefficiencies and backlog issues with litigation. The key ADR methods like mediation, arbitration, and negotiation are introduced. The document highlights advantages of ADR like flexibility, confidentiality and cost savings compared to litigation which can be lengthy, public, and expensive. It also notes some potential disadvantages of ADR like lack of precedent setting and enforceability. Overall the document provides a helpful introduction to understanding ADR approaches versus traditional litigation.
Disputes occur during contract performance are beyond the control of the entity entering contractual relations. In developed countries, lawyers always invited to advise customers to identify potential disputes, and provide solutions, support and provide legal advice and to accompany the enterprises solve disputes in accordance with the provisions of the law, which help businesses to focus on its business activities. The contract should be carefully reviewed by lawyers. Foreign companies when entering Vietnam mostly follow suit to engage dispute or litigation dispute lawyers in Vietnam at early stage of the transactions.
This document summarizes the views of GE on the need for early resolution in international arbitration based on their experiences. The key points are:
1. Businesses prioritize efficiency, speed, and certainty in dispute resolution but often find international arbitration takes too long, costing unnecessary time and money.
2. While international arbitration has advantages over litigation, its focus on due process delays resolution, frustrating businesses who just want to assess exposure and move on.
3. GE provides examples where arbitration took years with no early decisions on key issues, forcing frustrated parties to expensive settlements just to achieve closure, rather than fair resolution.
4. An early resolution procedure could help address this gap if arbitrators ensured its dilig
Commercial law governs business transactions and provides rules that merchants must follow. It includes areas like contracts, company law, sales, and banking. Commercial law must be flexible to adapt to changes in business and globalization, while also providing certainty. The foundation of commercial law is contract formation, which allows parties to enter transactions with assurance agreements will be enforced. For a valid contract, there must be an offer, acceptance of that offer, and consideration or benefit exchanged between the parties. Commercial law covers legal issues that arise before a lawsuit is filed.
1. The Vietnamese judicial system lacks independence and transparency, making foreign investors reluctant to settle disputes in Vietnamese courts. While reforms have improved the system, more work is needed to boost efficiency and consistency.
2. Foreign parties prefer Vietnam International Arbitration Centre (VIAC) arbitration over litigation, but Vietnamese courts frequently intervene in VIAC arbitrations in ways that terminate proceedings or set aside awards without right of appeal.
3. Procedural issues in Vietnamese arbitration include burdensome evidence requirements and lack of court assistance compelling witnesses or experts. Recent reforms aim to address some concerns, but further guidance and oversight is still needed.
Similar to LeTran.Litigation Law Review.April.2018 (20)
Shareholder disputes: Practical tips to prepare shareholder agreements and co...LE & TRAN | Trial Lawyers
When setting up a business entity, it is critical that the process is performed correctly to avoid future issues. This week, we would like to share with you our experience in drafting shareholder agreements and company charters. These instruments are essential for business investors when setting up a joint venture or in seeking protection for their investment in the period following a M&A project. This Insight will provide some practical tips for ensuring the validity of these instruments, minimizing the possibility of shareholder disputes, and ensuring that your business operations remain uninterrupted should a shareholder dispute arise.
In 2018, the Vietnam International Arbitration Center (VIAC) made a judgment in favor of the employer concerning a dispute over a Non-Disclosure and Non-Compete Agreement (NDA). The employee requested the Court to overturn VIAC’s arbitral award claiming that the dispute was outside the jurisdiction of the VIAC, but the Court rejected such request. The Court’s decision raises a question as to whether the VIAC has jurisdiction over disputes regarding NDAs. This issue of Labor Law Review presents our point of view on such a question and introduces the labor law updates from June 15, 2020, to July 27, 2020.
The document discusses whether Covid-19 constitutes a "force majeure" event that could exempt parties from liability for breaching commercial contracts. It notes that WHO declared Covid-19 a pandemic in March 2020. While authorities have implemented measures that slowed economies and commercial activities, determining if Covid-19 is a valid force majeure depends on analyzing each case and whether the three required elements are present - if the event was objective, unforeseeable, and unable to be remedied. The document analyzes two example cases, finding that one likely qualifies as a force majeure while the other does not. It also provides recommendations for mitigating risks, such as including force majeure clauses in
Welcome to our Labor Law Review No.02.2020, which provides you with (i) the insight “What employers should do if employees absent from work for several days without permission and (ii) updates on labor law from May 01, 2020, to June 14, 2020.Any questions, please feel free to contact us at info@letranlaw.com
If you are a foreigner living and working in Vietnam and are not familiar with the criminal procedure of the host country, it may lead to significant difficulties in protecting your legal rights and interests. LeTran’s booklet of “Rights and Obligations of Foreigners in Criminal Proceedings” will help you know how to protect your position in case you are summoned for a criminal investigation.
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
This document discusses criminal liability for unlawful dismissals under Vietnamese law. It summarizes that criminal liability has existed since 1985 but was rarely pursued due to vague definitions, light sanctions, and perceived lack of necessity. The 2015 Penal Code increased sanctions up to 3 years imprisonment for dismissals causing serious consequences. It clarified conditions but left "serious consequences" undefined. The changes aim to make sanctions more reasonable while criminal prosecution remains uncommon in practice. Employers are advised to avoid unlawful dismissals and consider employee situations to minimize criminal risks.
Enterprises in Vietnam are facing numerous difficulties that are directly attributable to Covid-19. Many enterprises have temporarily suspended their business for a specific term; others have not formally announced suspension of business but, in practice, have halted or reduced production and business activities and reached mutual agreements with their employees to cease or temporarily leave work with or without salary. However, what if an enterprise has no money to fund salary payments and no mutual agreement with the employee? What is the solution?
Obtaining a court judgment or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgment or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgment or arbitral award can be enforced will determine the real winner of the lawsuit.
View our article here: https://letranlaw.com/insight/judgement-enforcement-in-vietnam/
Disputes between shareholders are common in today’s business world and may arise in any partnership no matter how carefully the initial plans are drafted. Sometimes, such disputes can be resolved simply by a compromise between the involved parties. Often, however, they can turn into a serious conflict that may substantially hinder or even destroy the business from the inside. Understanding how to effectively navigate shareholder disputes to prevent a worst-case scenario is a necessity for building and maintaining a successful business.
View our article here: https://bit.ly/Letran-Weekly-06022020
This document discusses some of the difficulties in enforcing judgments and arbitral awards in Vietnam. It notes that only about 30% of the value of judgments/awards is actually enforced due to lack of effective sanctions for noncompliance, lack of cooperation between authorities, and insufficient enforcement personnel. It provides tips for creditors to maximize the chances of successful enforcement, such as freezing debtor assets early, negotiating enforcement agreements carefully, clarifying vague language, and understanding issues with foreign judgments.
Welcome to our Vietnam Labor Law Review of April - May 2018 is the "Workplace investigation for labor disciplines" contents:
A. LEGAL INSIGHTS:
1. Amending 03 important Decrees that guide the implementation of the Labor Code on salary, labor contracts, labor discipline and implementation of regulations on grassroots democracy at the workplace
2. Is it advisable to expand the right of employers to unilaterally terminate the labor contract?
B. ISSUED LABOR LAW DOCUMENTS – FEBRUARY 2018
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
Vietnamese and more, please visit our website: letranlaw.com.vn
WORKPLACE INVESTIGATION FOR LABOR DISCIPLINES
1.Investigation purpos
2.Issues should be verified in the investigation
–Does the employee’s act violate the internal labor regulations?
–How is the employee’s fault for taking such act?
–What is the damage caused by the employee’s act?
3. Noticeable issues when conducting an investigation
–The period of the investigation must be within the statute of limitations of labor discipline.
–Keeping information confidential.
–Rights and interests of the employee are preserved.
–Transparency, objectivity, legality.
4. Investigation process
–Forming an investigation team.
–Collecting evidence.
–Gathering, analyzing, assessing the information, giving investigation conclusion.
–Tasks should be done after the investigation
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
The document discusses ways to minimize shareholder disputes when initially establishing a partnership. It recommends addressing important issues like the number of legal representatives and company seals, conditions for company executives, and provisions for the sale of shares in disputes. Mediation and arbitration clauses are also suggested to help solve disputes before escalation and allow for a faster, confidential resolution compared to courts.
Obtaining a court judgment or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgment or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgment or arbitral award can be enforced will determine the real winner of the lawsuit.
Please download our presentation file for your understanding on:
• Difficulties of enforcement of judgments and awards in Vietnam;
• Negotiations and agreements regarding the scope of enforcement;
• Freezing and seizing of the debtor’s assets;
• Navigating the vague language in court judgments and arbitral awards and;
• Issues surrounding foreign court judgments and awards.
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
The document discusses key rules and issues regarding evidence in commercial dispute resolution in Vietnam. It covers: 1) what constitutes evidence; 2) types of decisive evidence like signed documents; 3) challenges with electronic evidence like emails; 4) preference for written witness testimony over verbal testimony; 5) inability to compel witness testimony; 6) use of expert opinions; and 7) issues with privileged communications. The document aims to provide guidance to litigants on effectively preparing and presenting evidence for commercial disputes in Vietnamese courts.
This Update will comprise the description of the following three new customs legal documents of May 2017.
1. Decision No.15/2017/QD-TTg of the Prime Minister providing the List of imports for which the customs procedures must be carried out at the entry checkpoints.
2. Decision No.1543/QD-TCHQ of the General Department of Vietnam Customs temporarily providing the formatting information exchanging between the Customs authorities and the enterprises providing storage and warehouse services for goods management at airports.
3. Decision No.1644/QD-BNN-BVTV of the Ministry of Agriculture and Rural Development on continuing to import of high-risk commodities carrying Serratus from India.
This document provides information about cases of termination of labor contracts under Vietnamese law, including:
1) Cases where an employer cannot unilaterally terminate a contract, such as when an employee is sick or on leave.
2) Grounds for termination including the employer terminating the contract based on grounds like economic reasons or restructuring, or the employee resigning.
3) Detailed procedures and requirements for dismissing an employee, such as issuing warnings, holding disciplinary meetings, and notifying labor authorities in some cases.
The document also outlines related payments like severance that may be required and lists appendices with more specifics on various termination situations and processes.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.