Resolution of contract disputes over the sale of goods

Contract disputes over the sale of goods arise when buyers and sellers disagree on contract terms such as product quality, delivery schedules, pricing, or payment conditions. These disputes often result from misunderstandings, contract breaches, or market changes. When a dispute occurs, parties typically seek resolution through negotiation, mediation, arbitration, or litigation to protect their rights. Below, a lawyer will analyze these disputes and propose specific solutions.

Characteristics of goods sale contracts

A goods sale contract has the following key characteristics:

• The contracting parties are usually merchants, particularly sellers.

• The contract’s subject matter includes goods such as real estate, future assets, and items attached to land, as defined in the 2005 Commercial Law.

• The primary objective of the contract is to generate profit.

• Contracts can take various forms, including verbal agreements, written documents, or implied legal actions.

Methods for resolving contract disputes

Article 317 of the 2005 Commercial Law outlines the forms of dispute resolution in commerce as follows:

• Negotiation between the parties.
• Mediation by a third-party mediator agreed upon by both sides.
• Resolution through arbitration or the courts.

Negotiation

Negotiation is a voluntary process where parties discuss and attempt to resolve disputes without third-party intervention. This method is flexible and not bound by strict legal procedures. The outcome depends entirely on mutual agreement.

Mediation

According to Article 3 of Decree 22/2017/ND-CP, commercial mediation is a dispute resolution method agreed upon by the parties, facilitated by a commercial mediator. Key principles of mediation include:

• Voluntary and equal participation of both parties.

• Confidentiality of all related information unless otherwise agreed or required by law.

• The mediated agreement must not violate laws, social ethics, or third-party rights.

Note: Mediation is only applicable if both parties agree to it before, during, or after the dispute arises.

Arbitration

As per the 2010 Commercial Arbitration Law, arbitration applies if both parties have an arbitration agreement, which can be established before or after a dispute arises. Arbitration proceedings adhere to these principles:

• Arbitrators must respect agreements that do not violate laws or social ethics.

• Arbitrators must be independent, objective, and fair.

• Parties must be treated equally.

• Arbitration hearings are private unless otherwise agreed.

• Arbitration rulings are final and binding.

Court proceedings

Under the 2015 Civil Procedure Code, resolving disputes in court follows these principles:

• Compliance with legal procedures.

• The right to request court protection.

• The parties’ autonomy in deciding how to proceed.

• Equality in legal rights and obligations.

• The right to defend one’s interests.

• Judges must remain impartial and independent.

• Fair, timely, and public hearings.

• Ensuring the validity of court judgments.

BKC Law’s dispute resolution services

BKC Law offers comprehensive dispute resolution services for businesses and individuals facing issues in contract execution. Our experienced legal team provides:

• Contract analysis and risk assessment

• Representation in negotiations and mediations

• Legal advocacy in arbitration and court proceedings

We are committed to protecting our clients’ rights efficiently, cost-effectively, and maintaining positive business relationships.

For a free legal consultation, contact us:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

Related Articles:

Legal advisory contract drafting services by Lawyers in Ho Chi Minh city

Updated initial tax registration procedure for businesses

Complete work permits service for foreign workers in 2025, with no additional fee