1. What is a business case? Why are special lawyers needed in commercial business cases?
According to the latest Civil Procedure Code in 2015, commercial business cases in civil cases or civil cases shall be conducted according to the order and procedures of lawsuits at court levels.
The most important reasons when deciding to use a litigant service:
+ Commercial and business disputes are often highly complex;
+ Time of disputes and resolution often very long;
+ Hire a lawyer will bring high economic benefits to clients;
+ This is a method of settling disputes in a professional manner, civilized in accordance with the current social economic development.
2. The scope of works of lawyer services representing litigation in business commercial cases:
Minh Khue Law Firm appoints a lawyer to act as an authorized representative or as a lawyer to participate in litigation of lawsuit/cases including but not limited to the following:
2.1. To participate in business and commercial disputes under the jurisdiction of the court:
- Disputes arising in business and commercial activities among individuals and organizations having business registrations with each other and for profit purposes;
- Disputes over intellectual property, technology transfer between individuals and organizations and all for profit purposes;
- Disputes between persons who are not members of the company but have transactions on the transfer of capital portions with the company or member of the company;
- Disputes between the company and its members; a dispute between the company and a manager in a limited liability company or a member of the board of directors, a director or a general director in a shareholding company, among the members of the company that related to set up, operate, dissolve, merge, consolidate, divide, separate or hand over assets of the company, to change the organizational form of the company.
- Other business and commercial disputes, except for cases falling under the authority of other agencies or organizations according to the provisions of law.
2.2 Participating in cases (business or commercial requirements) under the jurisdiction of the court:
- Request to cancel the resolutions of the General Assembly of Shareholders, resolutions of the Members' Council in accordance with the law on enterprises.
- The requirements related to the Vietnamese commercial arbitration in settling disputes according to the provisions of the legislation on commercial arbitration.
- Requests for the arrest of aircraft or seagoing ships shall comply with the provisions of the Vietnamese legislation on civil aviation and maritime except for cases of arrest of aircraft or seagoing ships to secure the settlement of the cases.
- Request for recognition and enforcement in Vietnam or not to recognize the business or commercial judgment or decision of a foreign court or not to recognize a business or commercial judgment or decision of a foreign court that is not requested for enforcement in Vietnam.
- Request for recognition and enforcement in Vietnam of business and commercial decisions of foreign arbitrators.
- Other business and commercial disputes, except for cases falling under the authority of other agencies or organizations according to the provisions of law.
3. Guiding the use of lawyer services in business commercial cases:
In order for the lawyer's representation to be effective, Minh Khue Law Firm provides steps for signing or participating in the settlement of business and commercial cases as follows:
Step 1: Provide documentation, documents and service requests & enter into the confidentiality agreement.
Step 2: Consultation, exchange directly at Minh Khue Law Firm on the issues related to the dispute
Step 3: Agree on the case handling solutions and sign the legal service contract.
Step 4: Direct negotiation; participate in court mediation or litigation
Step 5: Liquidate the legal service contract between the two parties.
4. Why should you use the lawyer services litigation in business cases of Minh Khue Law
- Experience in the field of litigation: More than 10 years of experience in the field of litigation and consultancy.
- Experienced lawyers: We have successfully built a dedicated team of lawyers for each specific field. Ensuring professionalism and ethics when practicing is always one of the important priority that our law firm adheres to.
- Good relationship with the court: This seems to be excessive, but that is not to be missed in litigation in Vietnam. Building a team of highly qualified lawyers should also have a friendly relationship, know how to solve the problem can ensure the highest rights of customers when using the law services. Khue.
Translated from: Dịch vụ luật sư đại diện tranh tụng tại tòa án trong các vụ án kinh doanh, thương mại
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Online legal consultancy office and appointment for a consultation at the office: 1900.6162
Email: lienhe@luatminhkhue.vn
Look forward to cooperation with clients!
Best regards./.
Enterprise Department - Minh Khue Law Firm
