I. Legal Basis

Vietnam Maritime Code 2015.

II. Concept of Maritime Dispute

A maritime dispute is a disagreement arising during maritime activities, which can involve issues such as transport contracts, maritime accidents, maritime insurance, vessel ownership, etc. Particularly when foreign parties are involved, resolving the dispute becomes more complex due to differences in culture, language, and legal systems.

III. Principles for Resolving Maritime Disputes

Parties involved in maritime disputes may resolve them through negotiation, settlement, or by filing a lawsuit at an Arbitration or Court with jurisdiction.
Maritime disputes are resolved by the Arbitration or Court according to their jurisdiction and the procedures set by the law.

IV. Resolving Maritime Disputes Involving Foreign Individuals or Organizations

Maritime disputes involving at least one foreign individual or organization are governed by the following provisions:

• In cases where the contract involves at least one foreign party, the parties may resolve the dispute through Arbitration or Court in a foreign country.
• If the parties to the maritime dispute are all foreign individuals or organizations and have a written agreement to resolve the dispute through Vietnamese Arbitration, the Vietnamese Arbitration has the jurisdiction to resolve the dispute, even if the dispute occurs outside Vietnam’s territory. The dispute can also be resolved in Vietnamese courts if the legal basis for establishing, modifying, or terminating the relationship between the parties is governed by Vietnamese law, or if the assets related to that relationship are located in Vietnam.

V. Key Issues to Consider in Resolving Maritime Disputes

Choice of Applicable Law: The choice of applicable law will directly affect the outcome of the case. It is important to clearly determine which law will be applied to resolve the dispute, which could be Vietnamese law, the law of the country where the vessel is registered, or the law of a third country.

Choice of Dispute Resolution Method: Negotiation or litigation.

Evidence: It is essential to gather and properly preserve all relevant evidence. Collecting and evaluating evidence in maritime cases is often more complex than in other cases, requiring specialized knowledge of maritime law. Documents related to the case may be in different languages, which may require accurate legal translation according to the law.

Legal Services: It is advisable to seek the assistance of a lawyer with experience in maritime law for consultation and representation.

In summary, resolving maritime disputes involving foreign parties is a complex issue that requires a deep understanding of both international and domestic maritime law. To protect their interests, parties should seek support from legal experts.

About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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