Disputes on authority to sign contracts
Dec 08, 2020In the signature section at the end of each contract, representatives of each party are usually stated. A dispute happened when a party assumed that the representative was not the lawful representative or was just a branch director, so the contract was invalid. The following disputes developments with the arbitral tribunal’s analysis could help prevent damages due to disputes for readers’ reference.
DISPUTES ON TIME BAR
Nov 10, 2020“Time bar meant a time limit during which entities/individuals were entitled to sue, requesting the Court to resolve civil cases to protect their infringed legitimate rights and interests; if that time limit ended, the right to sue was lost” (Clause 3 Article 150 of 2015 Civil Code). However, paying billions of VND just because of not knowing that the time bar already expired or there were cases where the time bar was "unlimited" (law suit could be started at any time), or "extended" (time excluded from time bar) through some lawsuits below so that you could see the importance of time bar.
Logistics SMEs urged to speed up digital transformation
Oct 12, 2020Vietnamese logistics firms, especially small and medium-sized ones, need to get up to speed on digital transformation to enhance their competitiveness if they want to enter global markets after the pandemic ends, experts have said.
VieON users in mire after exit of MoMo
Oct 12, 2020Even as major e-wallet platforms enhance partnerships with businesses to gain a foothold in the local market, locally-invested MoMo has suddenly cancelled its contract with an over-the-top platform, raising concerns over whether the e-wallet platform is strong enough without the alliance.
Lessons about invalid contract, inspection and Incoterms over a lawsuit
Oct 06, 2020The contract might be invalidated for reasons unexpected by the parties; careless selection of an inspection company resulted in losing legal evidence; and inadequate understanding of the right to claim under the CFR Incoterms rule leading to an unacceptable request were some of the summaries of the lawsuit below for your reference.
Controversial draft decree may make banks lose potential foreign investors
Sep 24, 2020Recently, some commercial banks have curbed foreign ownership limits in their capital to below the bar of 30 per cent set by the State Bank of Việt Nam (SBV).
A dispute on new for old insurance
Sep 10, 2020The damaged property could be replaced under the insurance contract, but the method was not as simple as the thought of the insured in the dispute below, resulting in the loss of hundreds of millions of VND, which was a lesson learned for the enterprise participating in insurance and let readers refer to their practical activities.
What was "Insurance profiteering"?
Aug 12, 2020What was insurance profiteering? It was an illegal act to seek profits from insurance enterprises. Here were some acts of insurance profiteering for readers’ reference.
Force Majeure
July 15, 2020Never the term "force majeure" has been as much concerned as since Covid-19 through a number of cases, such as, (1) The tenant did not pay the rent, returned the house, reclaimed the deposit for the reason of force majeure. Was that right? (2) Logistics service companies, trading companies could not deliver, receive goods or violate delivery deadlines because of a shortage of workers due to concentrated isolation, even companies had to close due to Covid-19. Could they refuse to pay damages? (3) Could we claim insurance companies for damages caused by Covid-19? (4) For flights canceled by a government order due to Covid-19, had the travel company to return the airfares or deposits to its travellers immediately? (5) Borrowing money from banks to buy and sell goods or services but not being able to do business, was it allowed to refuse or delay the payment of interest or late payment of principal due to Covid-19? (6) Bank was unable to collect debts due to Covid-19. Was it a force majeure event?
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