Main reasons:
Lack of checking documents and shipping information
Many businesses in Vietnam—such as Company C in judgment No. 108/2017/KDTM-ST—do not fully verify the set of documents provided by their partners and miss checking train information, leading to the risk of disputes when goods are not delivered as committed.
The contract was poorly drafted and lacked key terms
Most businesses have not focused on building strict contracts; often rely on online forms without understanding the legal nature. As a result, it is easy to be at a disadvantage when a dispute occurs.
The applicable law and dispute resolution mechanism are not clearly defined
When the contract does not clearly state which law will apply, the parties easily fall into legal ambiguity when disputing, especially in international transactions.
Lack of legal foundation and processing mechanism for electronic arbitration
Although online dispute resolution is a trend, currently Vietnamese law is not yet complete to support this method, creating a significant legal gap.
Clearly state applicable law and place for dispute resolution
In the contract, it is necessary to clearly state: "Applicable law is Vietnamese Law" or "Dispute is resolved at VIAC - Vietnam International Arbitration Center", to minimize legal risks.
Additional provisions on responsibility for document and customs inspection
It is recommended to refer to lessons from VIAC experts emphasizing the importance of checking documents and customs procedures before signing a contract.
Choose arbitration instead of state courts
VIAC is highly appreciated for its capacity and independence; Furthermore, arbitration often resolves quickly, overcoming the limitations of courts in international disputes.
Deploying online arbitration (e-arbitration)
VIAC eCase platform - launched in June 2024 - supports businesses to submit documents online, monitor cases remotely, saving time and travel costs.
Choose a reputable partner & transparent legal information
Before cooperating, you should ask your partner to provide legal documents and find out information through the business or embassy of the host country.
Complementary risk measures
For example, appoint a reputable international bank to collect money, or use a letter of credit (L/C) to secure payment.
Soon amend the Commercial Arbitration Law to add a chapter "Electronic Arbitration"
This will ensure the legal value of electronic evidence, digital signatures, online judgments... which are currently not clearly regulated.
Complete the legal framework on electronic signatures and electronic contracts
Vietnam currently has a foundation law, but more detailed regulations are needed on how to recognize arbitration awards in the digital environment.
Are you facing a dispute over an international logistics service contract? Below are IMPORTANT TASKS you should do immediately:
Complete legal terms: applicable law, dispute resolution method (arbitration or court), location, language used
Control operational information - documents - customs - partnerscarefully before, during and after the contract.
Include clauses in the contract to address risks such as letters of credit, documentary responsibility, shipping insurance, etc.
Choose arbitration (VIAC recommendation) and prioritize online format if possible
If a risk occurs,Contact DEDICA Law Firm for advice and assistance in preparing evidence and choosing an appropriate arbitration strategy, protect business interests optimally and promptly.
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