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Chapter 1: Overview on the CISG 1980 the dispute regarding obligation of the seller in international sales contract Chapter 2: Dispute settlement regarding obligation of the seller in international sales contract under CISG 1980 around the world Chapter 3: Remarks for Vietnamese enterprises.
DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980 AND REMARKS FOR VIETNAMESE ENTERPRISES Author: Đàm Minh Hiếu Supervisor: Nguyễn Tiến Hoàng (PhD.) Introduction Chapter 1: Overview on the CISG 1980 & the dispute regarding obligation of the seller in international sales contract Chapter 2: Dispute settlement regarding obligation of the seller in international sales contract under CISG 1980 around the world Chapter 3: Remarks for Vietnamese enterprises INTRODUCTION DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980 AND REMARKS FOR VIETNAMESE ENTERPRISES 01/01/2017 Conducting distinct remarks for Vietnamese enterprises to prevent conflicts with foreign salesmen and strengthen their business activities RESEARCH METHODOLOGIES Analysis Synthesis RESEARCH METHODOLOGIES http://www.unilex.info http://www.cisg.law.pace.edu Secondary Data Collection Case Study In-depth Interview Method Comparative Law Method - Mr Nguyen Cong Phu – Deputy Chief Judge of the Economic Review Court Determine Court of People’s in HCM Analyse Evaluate - Mr Pham Van Chat (PhD.) – Arbitrator at Vietnam International Arbitration Centre STRUCTURE OF THE RESEARCH Chapter 1: Overview on the CISG 1980 & the dispute regarding obligation of the seller in international sales contract Chapter 2: Dispute settlement regarding obligation of the seller in international sales contract under CISG 1980 around the world Chapter 3: Remarks for Vietnamese enterprises Chapter 1: Overview on the CISG 1980 & the dispute regarding obligation of the seller in international sales contract The seller must deliver hand over anygoods documents relating to them and Third-party claim Delivery of the goods andthe goods, Conformity of the transferover the property in the goods, as required by the contract and this Convention handing documents (Article 30 – CISG) GENERAL EVALUATIONS (1) The jurisdictional authorities and enterprises are preferred to use the Convention in their contracting and dispute settling (2) The dispute settlement regarding obligation of the seller is complex and complicated Chapter 3: Remarks for Vietnamese enterprises FACTORS AFFECTING THE TREND OF DISPUTE REGARDING OBLIGATION OF THE SELLER IN INTERNATIONAL SALES CONTRACT IN VIETNAM (1) Sources of applicable law (2) Integration of Vietnam into the global economy (3) Knowledge level of Vietnamese enterprises concerning the obligations of the seller FORECAST ON THE DISPUTES OF VIETNAMESE ENTERPRISES WITH FOREIGN SALESMAN The number of dispute cases regarding international sales contracts handled by VIAC from 2006 to 2015 80 69 70 57 54 Number of dispute cases 60 46 44 50 35 40 29 26 26 21 30 20 Year 10 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Unit: case FORECAST ON THE DISPUTES INVOLVING VIETNAMESE SALESMAN IN FOREIGN MARKET Export of Vietnam to top markets from 2011 to 2014 Export Nations 2011 World 96,905,674 USA 16,970,422 China 11,613,324 Japan 11,091,713 Korea 4,866,729 Hong Kong 2,205,716 2012 2013 2014 114,529,171 132,032,854 150,217,139 19,680,929 23,869,949 28,649,809 12,835,976 13,177,694 14,928,318 13,064,524 13,544,245 14,674,923 5,580,893 6,682,945 7,167,479 3,705,369 4,113,497 5,264,731 Unit: Thousands U.S Dollars FORECAST ON THE DISPUTES INVOLVING VIETNAMESE SALESMAN IN FOREIGN MARKET Import of Vietnam from top markets from 2011 to 2014 Import Nations 2011 World 106,749,854 China 24,866,392 Korea 13,175,926 Japan 10,400,666 Taipei, China Thailand 2012 2013 2014 113,780,431 132,032,531 147,839,048 29,034,966 36,886,478 43,647,569 15,535,365 20,677,896 21,728,466 11,602,055 11,558,300 12,857,046 8,556,781 8,534,198 9,402,001 11,063,579 6,383,588 5,791,898 6,283,429 7,053,283 Unit: Thousands U.S Dollars THE SITUATION OF APPLYING CISG 1980 IN INTERNATIONAL SALES CONTRACT OF VIETNAMESE ENTERPRISES (1) A current low number of utilization of enterprises using ISCs is expected to increase in the near future (2) Most enterprises are lack of developing the workforces specializing in legal areas with sufficient knowledge (3) When dealing with foreign partners, many enterprises not have the habit of meticulously survey or advance research on their partners to define which one is good or not (4) Many enterprises emphasize on the importance of low offered price to buy, or interested in high selling price from partner without considering any potential risks in drafting contract or building new trading relationships with their partners REMARKS FOR VIETNAMESE ENTERPRISES Draft and sign international sales contracts with the highest concern REMARKS FOR VIETNAMESE ENTERPRISES Raise awareness and master the laws of international sales contract and relevant commercial laws in the world REMARKS FOR VIETNAMESE ENTERPRISES Develop qualified human resources with deep understanding of legal aspects of international sales contract REMARKS FOR VIETNAMESE ENTERPRISES Carefully research the foreign markets and partners in advance REMARKS FOR VIETNAMESE ENTERPRISES Prepare carefully for efficient litigation at court and arbitration center in case of dispute REMARKS FOR VIETNAMESE ENTERPRISES Strictly maintain prestige and reputation with foreign partners CONCLUSION THANK YOU [...]... Chapter 3: Remarks for Vietnamese enterprises FACTORS AFFECTING THE TREND OF DISPUTE REGARDING OBLIGATION OF THE SELLER IN INTERNATIONAL SALES CONTRACT IN VIETNAM (1) Sources of applicable law (2) Integration of Vietnam into the global economy (3) Knowledge level of Vietnamese enterprises concerning the obligations of the seller FORECAST ON THE DISPUTES OF VIETNAMESE ENTERPRISES WITH FOREIGN SALESMAN The. .. Remedies for partial non-performance or partial lack of conformity (Article 51) (8) Refusal to take early delivery of excess goods (Article 52) THE CURRENT SITUATION OF DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980 Statistics on 5 nations with the highest number of dispute cases regarding obligations of the seller from 2001 to 2015 Number of cases... concern REMARKS FOR VIETNAMESE ENTERPRISES Raise awareness and master the laws of international sales contract and relevant commercial laws in the world REMARKS FOR VIETNAMESE ENTERPRISES Develop qualified human resources with deep understanding of legal aspects of international sales contract REMARKS FOR VIETNAMESE ENTERPRISES Carefully research the foreign markets and partners in advance REMARKS FOR VIETNAMESE. .. regarding obligations of the seller in international sales contract under CISG 1980 around the world REMEDIES FOR DISPUTE REGARDING OBLIGATIONS OF THE SELLER (1) Specific performance (Article 46 & 47) (2) Avoidance of the contract (Article 49) (3) Right of the seller to cure (Article 48) (4) Reduction in price (Article 50) (5) Suspension of the performance (Article 71) (6) Claim for damages (Article... protect the goods (Article 35.2 – CISG) in case of NON-CONFORMITY OF THE GOODS THIRD-PARTY CLAIMS DISPUTE IN INTERNATIONAL SALES CONTRACT DISPUTE SETTLEMENT IN INTERNATIONAL SALES CONTRACT Non-jurisdictional Method Negotiation Mediation Jurisdictional Method Court Arbitration center DISPUTE REGARDING OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT Chapter 2: Dispute settlement regarding obligations. ..DELIVERY OF THE GOODS AND HANDING OVER DOCUMENTS CONFORMITY OF THE GOODS The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract (Article 35.1 – CISG) CONFORMITY OF THE GOODS Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:... fit for the purposes for which goods of the same description would ordinarily be used; (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, … (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d) are contained or packaged in the manner usual for such goods or, where there... Dollars THE SITUATION OF APPLYING CISG 1980 IN INTERNATIONAL SALES CONTRACT OF VIETNAMESE ENTERPRISES (1) A current low number of utilization of enterprises using ISCs is expected to increase in the near future (2) Most enterprises are lack of developing the workforces specializing in legal areas with sufficient knowledge (3) When dealing with foreign partners, many enterprises do not have the habit of. .. 13 3 Netherland 7 27 21 4 France 22 16 24 5 Spain 16 19 9 Unit: case TYPICAL CASES OF DISPUTE SETTLEMENT REGARDING THE CONFORMITY OF THE GOODS New Zealand mussels Swiss Company German company GENERAL EVALUATIONS (1) The jurisdictional authorities and enterprises are preferred to use the Convention in their contracting and dispute settling (2) The dispute settlement regarding obligation of the seller. .. research on their partners to define which one is good or not (4) Many enterprises emphasize on the importance of low offered price to buy, or interested in high selling price from partner without considering any potential risks in drafting contract or building new trading relationships with their partners REMARKS FOR VIETNAMESE ENTERPRISES Draft and sign international sales contracts with the highest