When signing contract, we dont discuss about using commercial mediation to solve dispute. Currently, we have some problems that can be solved. Can one of us ask for a commercial mediation to solve the problems?

According to Article 6 of Decree 22/2017/NĐ-CP dated on Feb 24, 2017, it is said that: Dispute is handled through commercial mediation if both parties has agreed with that. This agreement can be executed as soon as both parties sign contract or agreement on solving dispute through commercial mediation Two parties definitely can discuss about using commercial mediation at any time of dispute resolution process

          Thus, even though two parties haven’t agreed on using commercial mediation, once the dispute occurs, it is lawful if one of the parties asks for a commercial mediation, then the rest party need to participate that mediation without any rejections or 2 parties agree on a written document about using commercial mediation for the dispute. You can choose one of these options to support: a commercial mediator for a particular case , a commercial mediator in a commercial mediation organization or a mediator in arbitration center which is established and run under the law on commercial arbitration and allowed to perform commercial mediation

 If both parties can not meet an agreement for solving dispute or one party refuses commercial mediation for solving dispute, The People’s court has the right to handle with it.

If you are concerned about methods for settlement commercial dispute, dont hesitate to call us on 1800 6365.

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