⚖️ Dispute & Litigation
Navigating Legal Conflicts with Confidence – Powered by LawPlus
In today’s complex legal and business environment, disputes are inevitable. Whether it’s a breach of contract, a labor disagreement, or a contentious divorce, resolving conflicts effectively requires not only legal expertise but strategic foresight. At LawPlus, we specialize in guiding individuals and businesses through every stage of dispute resolution and litigation — with clarity, precision, and unwavering advocacy.
📑 Common Types of Legal Disputes
1. Commercial & International Contract Disputes
- Arise from issues such as non-payment, delivery failures, warranty breaches, or misinterpretation of terms.
- International disputes often involve cross-border regulations, Incoterms, and foreign arbitration clauses.
2. Civil Contract Disputes
- Include loan agreements, property transactions, lease contracts, and service agreements.
- Typically stem from non-performance, invalid contracts, or conflicting interpretations.
3. Employment Disputes
- Cover wrongful termination, unpaid wages, workplace discrimination, and social insurance claims.
- May be resolved through internal mediation, labor inspectors, or court proceedings.
4. Divorce & Family Disputes
- Involve division of marital assets, child custody, alimony, and visitation rights.
- Require sensitivity, fairness, and a child-centered approach.
5. Property & Real Estate Disputes
- Include ownership conflicts, inheritance issues, land boundary disputes, and title irregularities.
- Often complex due to overlapping legal documents and historical claims.
🧭 Dispute Resolution Process
1- Negotiation & Mediation
- Aim: Achieve a peaceful resolution without litigation.
- Method: Direct negotiation or third-party mediation.
- Outcome: Settlement agreement or memorandum of understanding.
2- Administrative Complaints (for labor or public authority disputes)
- Applicable in employment or administrative cases.
- Filed with labor departments, local authorities, or relevant agencies.
3- Litigation in Court
- Suitable for civil, family, labor, and commercial disputes.
- Process:
- Filing a lawsuit
- Preliminary review and mandatory mediation
- Trial (first-instance, appeal, cassation if applicable)
4- Arbitration
- Applicable when contracts include arbitration clauses.
- Advantages: Confidentiality, speed, and expert arbitrators.
- Institutions: VIAC (Vietnam International Arbitration Center), ICC, SIAC, etc.
🏛️ Authorities & Jurisdiction
| Type of Dispute | Competent Authority |
|---|---|
| Civil, family, labor, property | People’s Courts |
| Commercial (with arbitration clause) | Arbitration Centers |
| Administrative | Local authorities, courts |
| Employment | Labor departments, courts |
| Real estate | Courts, land management agencies |
📌 How to Choose the Right Forum
- Identify the nature of the dispute: Is it civil, commercial, labor-related, or administrative?
- Review your contract: Arbitration clause? Governing law? Jurisdiction?
- Assess complexity and value: Higher-value or cross-border cases may require higher-level courts or international arbitration.
- Consider location: Typically, the defendant’s residence or business location determines jurisdiction.
🛡️ LawPlus Legal Services
| Service | Description |
|---|---|
| Legal Consultation | Strategic advice tailored to your dispute |
| Contract Drafting & Review | Prevent future disputes with airtight contracts |
| Litigation Representation | Court advocacy from experienced litigators |
| Arbitration & Mediation | Alternative dispute resolution with expert guidance |
| Corporate Legal Support | Ongoing legal risk management for businesses |
LawPlus services includes:
- Labour disputes between employer and employee;
- Contracts dispute;
- Disputes on cooperation among members / shareholders of the company;
- Disputes over rights and inheritance;
- All Disputes over division of assets during the marriage period, upon divorce;
- Disputes over land and house;
- Intellectual property right disputes;
- Compensation for non-contractual damages;
Law Plus offers service packages with different level of participation in the business for Customers to choose the suitable service package. For detailed advice and information, please contact us via phone +84 966 008 030, +84 965 052 039 (WhatsApp, Viber, Zalo) or email info@lawplus.vn.
❓ Frequently Asked Questions (FAQ)
Q1: Can I file a lawsuit without a lawyer?
Yes, but having legal counsel significantly improves your chances of success and ensures procedural compliance.
Q2: Is arbitration faster than court litigation?
Generally, yes. Arbitration is often quicker and more confidential, but only applicable if agreed upon in advance.
Q3: What if the other party refuses to negotiate?
You may proceed directly to litigation or arbitration depending on the contract and legal framework.
Q4: How long does a civil lawsuit take?
It varies — from a few months to over a year, depending on complexity, evidence, and appeals.
Q5: Does LawPlus handle international disputes?
Absolutely. We assist with cross-border contracts, foreign arbitration, and international legal compliance.
Q6: What’s the difference between litigation and arbitration?
Litigation is a formal legal process conducted in court, governed by public procedures and laws.
Arbitration is a private dispute resolution method where parties agree to submit their case to an arbitrator. It’s typically faster and confidential but requires prior agreement.
Q7: Can I change the dispute resolution method after a conflict arises?
Only if both parties agree. For example, if your contract specifies arbitration but both sides prefer court litigation, they can mutually waive the arbitration clause.
Q8: What happens if the other party ignores a court judgment or arbitration award?
You can request enforcement through the competent civil judgment enforcement agency. In international cases, enforcement may require recognition by local courts.
Q9: How do I know if my dispute has “international” elements?
If one party is foreign, the contract involves cross-border transactions, or foreign law is applied, it’s considered international. This affects jurisdiction and applicable procedures.
Q10: Is mediation legally binding?
Mediation itself is not binding unless the parties sign a settlement agreement, which can be enforced like a contract or submitted to court for recognition.
Q11: What documents do I need to prepare before filing a lawsuit?
Typically:
- Statement of claim
- Relevant contracts or agreements
- Evidence of breach or damages
- Identity documents (for individuals) or business licenses (for companies)
Q12: How much does litigation cost?
Costs vary depending on:
- Court fees (based on claim value)
- Lawyer’s fees
- Expert witness or appraisal fees (if applicable)
- Enforcement costs (if needed)
Q13: Can I appeal a court decision?
Yes. Most first-instance judgments can be appealed to a higher court within a specific time frame (usually 15 days).
Q14: What if I’m sued in a foreign country?
You should seek legal counsel familiar with that jurisdiction. LawPlus can assist with cross-border coordination and refer you to trusted international partners.
Q15: Does LawPlus offer pre-litigation risk assessment?
Absolutely. We analyze your case, assess strengths and weaknesses, and recommend the most strategic path — whether negotiation, arbitration, or litigation.