Slide thuyết trình TACN2 Topic: Settlement of Disputes

Members Trần Tuấn Anh Đinh Công Doanh Phạm Thị Hà Mẫn Văn Khoa Trần Hương Linh Tô Hải Thành Settlement of Diputes CONTENT I) What is commercial dispute? II) Methods for Solving Disputes III) What makes arbitration a better choice for resolving business disputes? IV) Practice I) What is commercial dispute? Commercial dispute is a conflict or a disagreement on performance of rights and duties between the parties in business activivities II) Methods for Solving Disputes Negotiation Mediation Arbitration Litigation Negotiation Negotiation is the most informal and commonly- used type of dispute sollution • have their own interests • discuss their problems directly > reach an agreeable solution Mediation  a third party -a mediator resolves by facilitating negotiation and help find a mutually agreement  The mediator: + neutral + has no decision-making authority, cannot bind the parties + not make a ruling like a judge or arbitrator Arbitration is a more formal process Have a third person (abitrator): +) listen to their arguments> make a decision (final and binding) for them +) acts like a judge However, more flexibility than a judge in devising solutions to problems → This is a popular method that businessman choose nowadays Litigation is the use of the courts and civil justice system to resolve legal controversies +) Involuntary - (no choice) +) Formal +) Each party present its evidence and argument and cross-examine the other side +) Public - court proceedings and records are open +) The decision is based on the law, can be final and binding +) Losing party may pay costs Conflict can sometimes cause problems, so it is important to know how to handle them – outside court For businessman it is the best choice that not only insures parties‘s benefit and maitains business relationship and settling dispute by arbitration can meet these requires III) What makes arbitration a better choice for resolving business disputes? Speed Choice of the neutral Technical issues Confidentiality Speed • disputes resolved quickly • The parties determine the timeframe for the arbitration, allowing them to bypass delays inherent in litigation Choice of the neutral • the opportunity to choose the individuals who will decide the issues in question • this freedom allows the parties to customize the resolution process to suit these issues Technical issues • Arbitration gives the parties an opportunity to secure the services of an individual experienced in a technical area, or a particular business field • It is for this reason that disputes in the construction industry and maritime law are often resolved through arbitration Confidentiality • In the cases, require a confidential outcome • because the dispute involves privileged information or issues of particular sensitivity IV) Practice The latest time to settling disputes by VIAC is … A months B months C A year Answer: A Translated into Vietnamese The buyer and seller shall make every effort to resolve amicably by direct, informal negotiation any disagreement or dispute arising between them under or in connection with the contract → Người mua người bán phải cố gắng để giải cách thân thiện thương lượng trực tiếp bất đồng hay tranh chấp phát sinh hai bên liên quan đến hợp đồng 3 Translate into English Tất tranh chấp, tranh cãi, bất đồng phát sinh bên thuộc liên quan tới hợp đồng vi phạm thuộc hợp đồng này, phán cuối trọng tài Singapore tuân theo luật trọng tài thương mại ủy ban trọng tài thương mại singapore theo luật Singapore 3 Translate into English Answer: All disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with this contract, or for the breach thereof, shall be finally settled by arbitration in Singapore in accordance with the Commercial Arbitration Rules of the Singapore Commercial Arbitration Board and under the Laws of Singapore 4 What are the different between mediation and arbitration? • has no decision-making authority • cannot bind the parties • the process of mediation is not controlved by prrinciples of law but for arbitration this is compulsory Thank you for listening [...]... Translate into English Answer: All disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with this contract, or for the breach thereof, shall be finally settled by arbitration in Singapore in accordance with the Commercial Arbitration Rules of the Singapore Commercial Arbitration Board and under the Laws of Singapore 4 What are the different... opportunity to secure the services of an individual experienced in a technical area, or a particular business field • It is for this reason that disputes in the construction industry and maritime law are often resolved through arbitration 4 Confidentiality • In the cases, require a confidential outcome • because the dispute involves privileged information or issues of particular sensitivity IV) Practice... these requires III) What makes arbitration a better choice for resolving business disputes? 1 Speed 2 Choice of the neutral 3 Technical issues 4 Confidentiality 1 Speed • disputes resolved quickly • The parties determine the timeframe for the arbitration, allowing them to bypass delays inherent in litigation 2 Choice of the neutral • the opportunity to choose the individuals who will decide the issues... Arbitration Board and under the Laws of Singapore 4 What are the different between mediation and arbitration? • has no decision-making authority • cannot bind the parties • the process of mediation is not controlved by prrinciples of law but for arbitration this is compulsory Thank you for listening ...Litigation is the use of the courts and civil justice system to resolve legal controversies +) Involuntary - (no choice) +) Formal +) Each party present its evidence and argument and cross-examine the other side +) Public -... arbitration 4 Confidentiality • In the cases, require a confidential outcome • because the dispute involves privileged information or issues of particular sensitivity IV) Practice 1 The latest time to settling disputes by VIAC is … A 6 months B 8 months C A year Answer: A 2 Translated into Vietnamese The buyer and seller shall make every effort to resolve amicably by direct, informal negotiation any disagreement