DISPUTE RESOLUTION
In
any commercial or civil transaction, parties who have conflicting interests
would usually hold different position in interpreting the laws and the contract
at their own interests. This could
easily lead to potential disputes which parties may choose to resolve outside
of court or use alternative dispute resolution such as negotiation, mediation
or arbitration.
It
is known to everyone outstanding issues and disputes if unsolved satisfactorily
could have adverse impact on business operation of a company. Thus, resolving disputes is importance to any
business. It is more important to find
alternative resolutions so as to avoid complex litigation procedure.
At
Trinh Nguyen & Partners, we offer representation services to clients in negotiation,
mediation and arbitration center. Where
the matters are referred to a court, we could act as your representative or
your appointed lawyers to protect and/or defend your rights at the court.
From
our experience, disputes often arise out of or in connection with:
- payment issues which
revolves around:
- Disputes over
quality of work in services where standard is hard to defined;
- Disputes over scope
of work where services are hard to itemized;
- Disputes over
definition of variation and criteria for work qualified for extra payment
- Disputes over time
for completion and extension of time in construction contract;
- warranties issues in
EPC contract
- limited liability and professional indemnity issues;
- insurance and
negligence issues
-
Where a dispute arises out of a
contract:
o analyze
the contractual issues;
o find ways to resolve the disputes at your best
interest either by way of settlement or by way of initiating a legal
proceeding.
o Advise on dispute resolution methods
o Advise on the court jurisdiction and building
litigation strategy for your law suit ;
o Draft petition and advise on court procedure ;
o Represent or defend clients at courts for commercial
and civil disputes.
With
intimate understanding of clients' industry we understand the nature of each
dispute and its causes, thus we could make sensible suggestion for clients when
it comes to settlement of these disputes either before or outside of court.
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