Commercial Dispute Case Study

Published: December-2023

Dive into the legal saga between the traditional taxi giant Vinasun and the ride-hailing powerhouse Grab. From accusations of unfair business practices to the complex determination of damages, this case delves into the intersection of law, competition, and technology.

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Understanding the Timeline for Litigation

Published: December-2023

Are you familiar with the litigation timelines in Vietnam? Legal procedures can vary significantly from one country to another. In this write up, we break down the litigation timeline in Vietnam to help you stay on the right side of the law, manage expectations, make informed decisions, and effectively pursue or defend your legal rights.

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Commercial Dispute Lawyers & Corporate Litigation Law Firm

When your business is involved in a commercial dispute that needs to be handled in court through litigation, the lack of knowledge of what you can expect may make the experience challenging. Depending on the situation, the case may also involve more than one area of legal expertise, and it can be confusing as to which type of attorney should be engaged for your case. In such situations, having some legal knowledge is vital in enabling you to approach the right expert and obtain critical advice as quickly as possible. To guide you towards seeking advice from the right law firm and prepare you for your litigation, this resource explains what a commercial dispute is and breaks down the different litigations.

What is a Commercial Dispute?

A commercial dispute occurs when a disagreement arises between two or more parties, and at least one involves a business entity. Common examples of commercial disputes are:

• Contract disputes
• Lease disputes
• Intellectual property disputes
• Real estate disputes
• Trade disputes
• Insurance disputes
• Mergers and acquisition disputes
• Construction disputes
• Shareholders disputes

These disputes can be caused by diverse factors such as mismanagement, misunderstanding or failure to fulfil contract obligations. For these reasons, they are a common occurrence. The effects of commercial disputes are wide-ranging and can include financial losses and damage to reputation. In some cases, they even result in the collapse of a business. It is, therefore, essential for companies to take steps to avoid or resolve commercial disputes whenever possible. Commercial disputes can be settled out of court via alternative dispute resolution methods such as mediation and arbitration. Alternatively, litigation can be filed and handled through lawyers. As each type of dispute is an extensive domain with specific applicable laws, seeking counsel with a commercial litigation attorney specially trained in the field is advised. Being familiar with historical rulings of similar cases, they can be trusted to recommend a course of action to help you achieve the best outcome.

What is Commercial and Corporate Litigation?

Litigations involving business entities can branch out into commercial and corporate litigation. Commercial and corporate are often used synonymously in the business world, but there are distinctions between them in a legal context. Understanding these differences can help you choose the right type of attorney when litigation is required.

Commercial Litigation

Commercial litigation is about resolving disputes where at least one party is a business entity, and the dispute involves commercial activities such as buying, selling, or providing services. There are several reasons for commercial litigation, such as:

• Product liability disputes: Disputes can arise when individuals are harmed because of product defects, toxic ingredients in the product, product malfunction or lack of safety warnings, and the event can trigger product liability litigation.
• False advertising and deception: A false advertising litigation may be filed against a defendant when false statements or representations that will likely deceive consumers and cause injury are made in advertisements.

 Corporate Litigation

Unlike commercial litigation, corporate litigation concerns whether a company’s set-up and operations comply with legal requirements. Examples of corporate litigation include:

• Employment litigations: Unfulfilled contract obligations or a misrepresentation of intentions can lead to employment litigation.
• Regulatory litigations: Regulatory litigation occurs when official authorities file lawsuits against businesses for violating regulations.
• Intellectual property litigations: These lawsuits typically result from copyright, patent, trademark, trade secret or domain name disputes.

Corporate litigation is occasionally considered an umbrella category for commercial litigation, and apart from a company’s stakeholders, regulatory agencies may be involved. The lists of situations giving rise to commercial and corporate litigation are non-exhaustive and can involve diverse fields. Given the vast array of potential legal issues that businesses can face and their complex and technical nature, attorneys engaged should be experienced and well-versed in various aspects of business law.

What is a Commercial Litigation Law Firm?

When seeking a corporate and commercial litigation attorney to manage your dispute, approaching a commercial litigation law firm is the first step in the right direction. These law firms specialize in corporate and commercial litigation, and they typically have a team of commercial litigation attorneys trained in different branches of business law.

What Do Commercial Litigation Lawyers Do?

A commercial litigation lawyer is a legal expert in business who represents your company in court to defend your interests in a commercial dispute. A commercial litigation lawyer’s goal is to help your organization choose the best legal option that reduces your financial risk while ensuring that you obtain the best outcomes from the litigation. A commercial litigation lawyer will generally assist you with the following processes:

• Performing an initial case evaluation.
• Providing advice on whether litigation or out-of-court settlement is recommended.
• Document drafting and preparation.
• Exchanging information and negotiating with the other party’s lawyer.
• Strategizing for the litigation.
• Presenting the case in court.
• Appealing the case if the need arises.

By engaging a specialized professional, you can be assured that your attorney provides sound legal advice, handles the complexities of your case confidently and helps you resolve disputes in a fair and efficient manner.

What is Vietnam’s Commercial Law Like?

The Vietnam Commercial Law governs all businesses and commercial activities within the country. It may also be applied to activities performed outside of Vietnam upon the agreement of the concerned parties or when stipulated by foreign law or treaty where Vietnam is a contracting party. However, there are instances when foreign laws and provisions prevail, such as:

• When the provisions are stipulated in an international treaty that Vietnam has entered.
• When foreign laws or international commercial practices are not contrary to Vietnamese law.

Apart from the Commercial Law, the provisions of other laws specific to certain commercial activities shall be complied with. Where commercial activities are not provided for in the Commercial Law and other laws, the provisions of the Civil Code shall apply during litigation. For further information about the Vietnamese law and legal landscape, refer to Le & Tran Law Corporation’s list of Frequently Asked Questions.

Why Engage Commercial Litigation Attorneys from Le & Tran?

In an increasingly globalized world, many businesses are engaging in complex cross-border transactions and operations. While these ventures offer numerous opportunities for growth and expansion, they also present challenges. One such challenge is navigating the diverse cultures, legal systems, and business environments of different countries. The complexities involved in cross-border disputes can create significant difficulties for all parties involved, particularly when dealing with large, international organizations. In such cases, managing these disputes can be a daunting task that requires a deep understanding of the relevant legal and regulatory frameworks.

When it comes to protecting your rights and navigating the legal complexities of commercial litigation, finding a commercial litigation law firm with a team of seasoned lawyers is paramount. At Le & Tran, our priority is to provide the highest quality service to all our clients. We leverage the extensive experience and global connections of our team of industry veterans to expertly litigate complex local and cross-border cases. With a proven track record in dispute resolution and endorsements from satisfied clients, we are committed to resolving your case efficiently and favorably. In addition to our litigation practice, we offer a wide range of legal services for businesses, from judgment enforcement to white-collar crimes. Whatever your legal concern, our competent attorneys and diverse services are here to meet your needs. Contact us today for more information on how we can assist you.