Resolving commercial contract disputes is something that the parties can resolve themselves or through competent agencies and organizations. In this article, A.D.V.N Law will provide detailed information on the methods and procedures for resolving commercial contract disputes through the Court.
According to Clause 1, Article 3 of the 2005 Commercial Law, commercial activities are activities for profit-making purposes, including buying and selling goods, providing investment services, promoting trade and other activities for profit-making purposes. Thus, commercial disputes are conflicts and disagreements arising in the buying and selling of goods, providing investment services, promoting trade and other commercial activities.
When resolving commercial contract disputes at Court, the core legal documents include:
- Civil Procedure Code 2015
- Commercial Law 2005
- Other relevant guiding documents
Step 1: Filing a Lawsuit
The party requesting to file a lawsuit files a lawsuit and submits it to the competent Court. The dossier includes:
- Petition (Article 189 of the 2015 Civil Procedure Code)
- Attached documents and evidence (Article 91 of the 2015 Civil Procedure Code):
- Commercial contract between the parties
- Contract appendices, supplementary agreements
- Minutes recording the opinions of both parties on the contract
- Payment documents (invoices, receipts, bank documents)
- Letters and emails exchanged between the parties related to the contract
- Minutes of delivery and receipt of goods and services
- Minutes of contract breach (if any)
- Other documents and evidence related to the performance of the contract
- Personal documents of the plaintiff
Step 2: The Court Accepts the Petition and Prepares for Trial
If the petition is not returned or requires amendments or supplements to the petition, the Court will accept the petition. Within 03 working days from the date of accepting the case, the Judge must notify in writing the plaintiff, defendant, agencies, organizations, individuals with rights and obligations related to the settlement of the case, and the People's Procuracy at the same level that the Court has accepted the case (Clause 1, Article 196 of the 2015 Civil Procedure Code).
Within 03 working days from the date of accepting the case, the Chief Justice of the Court shall decide to assign a Judge to settle the case (Article 197 of the 2015 Civil Procedure Code). The Judge shall prepare for the trial within 2 months. For cases of a complicated nature or due to objective obstacles, the time limit may be extended but not exceeding 1 month (Point b, Clause 1, Article 203 of the 2015 Civil Procedure Code).
Step 3: Bringing the Case to Trial at First Instance
Within 01 month from the date of the decision to bring the case to trial, the Court must open a trial. In case of legitimate reasons, this period is 02 months (Clause 4, Article 203 of the 2015 Civil Procedure Code).
Step 4: Bringing the Case to Appeal Trial
Appellate trials are only conducted based on the appeal of the litigant or the protest of the Procuracy. The appellate court only reviews the part of the first instance judgment, the decision of the first instance court that is appealed, protested or related to the review of the content of the appeal, protest (Article 293 of the 2015 Civil Procedure Code).
- The parties must consider choosing a suitable dispute resolution method, saving costs, ensuring the maintenance of relationships and interests.
- When choosing to resolve disputes through the Court, the parties must fully prepare documents, records and evidence to ensure the resolution process goes smoothly.
Consulting on Resolving Commercial Contract Disputes
- Consulting on the rights and obligations of the parties in commercial contract relationships
- Consulting and drafting commercial contracts
- Consulting on the basis and legal basis for resolving commercial contract disputes
- Consulting on procedures, preparing documents, and papers for filing a lawsuit
Lawyers Directly Participating in Resolving Commercial Contract Disputes
- Preparing documents and files for filing a lawsuit on behalf of clients
- In case of resolving disputes through the Court, A.D.V.N Law will contact and work directly with the competent State agency
Resolving commercial contract disputes through the Court is a complex process and requires a deep understanding of the law. A.D.V.N Law is committed to supporting clients in the most dedicated and professional manner in every stage of the dispute resolution process.
1. How to prepare a complete lawsuit file for a commercial contract?
To prepare a complete lawsuit file, you need to collect the following documents:
- Petition according to the prescribed form
- Commercial contract and attached appendices
- Payment documents such as invoices, receipts, bank documents
- Minutes of delivery and receipt of goods and services
- Letters and emails exchanged related to the contract
- Identity documents of the plaintiff
2. How long does it take to resolve a commercial contract dispute in court?
The time to resolve a dispute in court can last from several months to more than a year, depending on the complexity of the case and the cooperation of the parties involved. Typically, this process includes the stages of accepting a lawsuit, preparing for trial, first instance trial and appeal if there is an appeal.
3. What evidence is important in resolving a commercial contract dispute?
Important evidence includes:
- Commercial contract and appendices
- Minutes recording the opinions of both parties on the contract
- Payment documents (invoices, receipts, bank documents)
- Letters, emails exchanged between the parties related to the contract
- Minutes of delivery and receipt of goods and services
- Minutes of breach of contract (if any)
4. What are the conditions for a commercial contract dispute to be resolved by court?
For a commercial contract dispute to be resolved by the Court, it is necessary to have:
- A valid petition
- Evidence proving the rights that have been violated
- Complete and valid records and documents
5. What are the services of A.D.V.N Law in resolving commercial contract disputes?
A.D.V.N Law provides the following services:
- Consulting on rights and obligations in commercial contract relationships
- Drafting and consulting on commercial contracts
- Preparing lawsuit documents and representing clients in Court
- Contacting and working with competent State agencies on behalf of clients
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
