1. How are trade disputes understood?

Pursuant to the provisions of Article 3 of the 2005 Commercial Law, commercial activities are understood as activities aimed at profit, including activities such as providing services, buying and selling goods, investing, trade promotion and other profitable activities.

Accordingly, commercial disputes are understood as conflicts, disagreements, and contradictions related to economic interests, rights and obligations of relevant entities when participating in commercial activities. commerce such as providing services, buying and selling goods, investing, promoting trade and other activities aimed at making a profit.

Truong Quyen Law Office - Davilaw Branch would like to send to readers the following commercial disputes that frequently occur in reality and require a lawyer to resolve the dispute:

– Disputes over distribution and distribution activities;

– Disputes on consignment of goods, representatives, agents;

– Disputes over construction contracts and technical consulting;

– Transportation disputes include: transportation of passengers and goods;

– Contract disputes include: goods purchase and sale contracts, service provision contracts;

– Disputes over buying and selling bonds, stocks, and other valuable papers;

– Disputes over technology transfer and intellectual property, etc.

– Disputes about banking, investment, insurance;

– Other commercial disputes according to the provisions of law.

Lawyers play an important role in business and production activities, and in concluding contracts between individuals and organizations. Truong Quyen Law Office - Davilaw Branch with a team of experienced lawyers and extensive professional knowledge will help customers resolve commercial disputes quickly and effectively. Help your businesses and customers continue to develop and expand their business operations effectively and sustainably.

2. Forms of commercial dispute resolution:

Pursuant to the provisions of Article 317 of the 2005 Commercial Law, regulations on specific forms of commercial dispute resolution are as follows:

– Negotiation between parties:

Negotiation between parties is understood as a form of dispute resolution in which the parties to the dispute voluntarily discuss, arrange, agree, and resolve arising disagreements to eliminate the dispute without the need for assistance. assistance or judgment of any third party.

During the process of resolving disputes through negotiation and conciliation between the parties, there will be no legal constraints on the order and procedures for resolution.

For the collective bargaining method, the outcome of the dispute resolution process will depend on the agreement of the parties.

– Mediation between the parties is conducted by an organization, agency or individual chosen by the parties as a mediator.

Mediation is a form of dispute resolution between parties by organizations, agencies or individuals or agencies chosen by the parties as mediators according to agreement.

– Resolve in Arbitration.

– Resolved in Court. Pursuant to the provisions of Chapter II of the 2015 Civil Procedure Code, the principles of dispute resolution by Court include the following principles:

+ Comply with the law in civil proceedings

+ Ensuring impartiality and objectivity in civil proceedings

+ Ensure the first instance and appeal trial regime

+ Ensuring the effectiveness of the Court's decisions and judgments

+ Judges and Magistrates resolve civil matters independently and only obey the law, People's Jurors adjudicate civil cases

+ The court conducts trials publicly, promptly and fairly

+ Ensuring litigation during trial

+ Right to request the Court to protect legitimate rights and interests

+ The litigant's right to decide and self-determine

+ Equality in rights and obligations in civil proceedings

+ Ensure the right to protect the legitimate rights and interests of litigants

At the same time, based on the provisions of Article 30 Civil Procedure Code 2015 Regarding business and commercial disputes falling under the Court's jurisdiction, specifically as follows:

– Disputes over technology transfer between individuals and organizations for the purpose of profit and intellectual property rights.

– Disputes between people who are not members of the company but have transactions on transfer of capital contributions with the company or its members.

– Disputes arising in business between organizations and individuals with business registration and each having the purpose of profit and commercial activities.

– Disputes between the company and a manager in a limited liability company or a member of the general director, the Board of Directors, a director in a joint stock company, and between members of the company related to handover of company assets, establishment, operation, dissolution, merger, consolidation, division, separation, conversion of the company's organizational form; Disputes between the company and its members;

– Other disputes related to trade and business, except for cases falling under the jurisdiction of other agencies or organizations according to the provisions of law.

3. Lawyers resolving commercial disputes:

Truong Quyen Law Office - Davilaw Branch would like to send our customers information about commercial disputes in particular and nationwide in general when resolving commercial disputes quickly, effectively and most accurately. Truong Quyen Law Office - Davilaw Branch provides commercial dispute resolution lawyer services as follows:

• Support, advise, and resolve customer issues regarding commercial disputes based on the provisions of law.
• Support, advise, review risks and provide solutions to resolve commercial disputes for customers;
• Support, advise, participate in meetings with customers, meet with parties in dispute for the purpose of negotiation, mediation, and consulting to find the best solution;
• Support and advice on drafting and reviewing documents such as Memorandum of Agreement, Letter of Request, Petition, and other documents in accordance with the law, best ensuring rights and interests. of our customers in resolving these commercial disputes;
• Support, advise, receive authorization to participate in proceedings at Court or Arbitration Center, help you prepare relevant documents, documents, evidence, etc.
• When using the commercial dispute resolution lawyer service of Truong Quyen Law Office - Davilaw Branch, customers will have the following benefits:
•  Lawyers at Truong Quyen Law Office - Davilaw Branch will proactively contact and discuss with clients on issues surrounding commercial disputes in the form of direct consultation or consultation via email, consultation letter, or via email. by phone or in writing at the request of customers;
• The team of lawyers at Truong Quyen Law Office - Davilaw Branch will research and provide the best solutions and directions for customers to understand and grasp the rights, benefits as well as disadvantages that customers have. may encounter;
• Commercial dispute resolution lawyers of Truong Quyen Law Office - Davilaw Branch always accompany customers throughout the entire case resolution process, all activities of the Lawyer will be informed to you. customers to ensure that customers always grasp and understand the case and their rights and interests.
• Lawyer Truong Quyen Law Office - Davilaw Branch with many years of experience in resolving commercial disputes always ensures to provide the best and most reputable services at reasonable costs to customers.