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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.