Slide thuyết trình TACN2 Topic: Settlement of Disputes

I What is commercial dispute?. II Methods for Solving Disputes III What makes arbitration a better choice for resolving business disputes?. Commercial dispute is a conflict or a disagree

Settlement of Diputes

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

1 Negotiation

2 Mediation

3 Arbitration

4 Litigation

Negotiation is the most

informal and commonly- used

type of dispute sollution

• have their own interests

• discuss their problems

directly > reach an agreeable

solution

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

+) 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?

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 in question

• this freedom allows the parties to customize the resolution process to suit these issues

3 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

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 or dispute arising between them under or

in connection with the contract

→ Người mua và người bán phải cố gắng hết sức để giải quyết một cách thân thiện bằng thương lượng trực tiếp mọi bất đồng hay tranh chấp phát sinh

giữa hai bên liên quan đến hợp đồng

3 Translate into English

Tất cả tranh chấp, tranh cãi, bất đồng phát sinh giữa các bên thuộc hoặc liên quan tới hợp đồng này hoặc vi phạm thuộc hợp đồng này, sẽ được phán quyết cuối cùng bằng trọng tài ở Singapore tuân theo luật trọng tài thương mại của ủy ban trọng tài thương mại singapore

và theo luật của 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