Contractual dispute settlement

Thursday - 08/08/2019 02:03
A contract is determined as a written agreement or written documents of parties on rights and obligations of each one when performing the contract as agreed in the contract and complied with the law.
Contractual dispute settlement
However, there always may be a breach of contract, which is understood as one (or more) party in the contract does not fulfill their obligations and lead to a dispute. A contractual dispute arise when parties involved in a conflict concerning to fulfillment or not-fulfillment of rights or obligations as agreed in the contract.

Methods of contractual dispute settlement:

Nowadays, contractual dispute often settled by four following methods:

    Negotiation:

This is the first-choice method that parties often use when a contractual conflict arise. Especially, in the area of commerce and business because it protect confidential information and business relationships, save time and money for parties as well as reduce and minimize damage. The State encourage this method and the principle of civil rights respect are regulated in the legal system.

    Mediation:

This is a common solution when parties agree to choose a third-party (mediator or mediation center) to listen to each other, argue and discuss to reach a settlement. This method help the discussion more effective and objective because the mediator(s) shall analyze the strengths and weaknesses of each party. However, mediator(s) have no authority to enforce agreement.

    Arbitration:

Parties agree that arbitration shall settle their dispute which may arise or has arisen. Nowadays, there are many arbitration centers with different procedural rules that parties can choose the one suitable the most for them. Arbitration method help parties protect their confidential information and fame; the arbitral award is final and enforceable. However, this method may cost more than others.

    Litigation:

Litigation is used when one or more party file a lawsuit in the courts, seeking for a settlement. Although this method may waste time and follow the public trial principle but the judgment is enforceable.

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