Resolving commercial contract disputes is something that the parties can resolve themselves or through competent agencies and organizations. In this article, HSLawyer 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.
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