Discovering disputes with foreign elements | iGuide

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Learn about disputes with foreign elements

Disputes involving foreign elements are often more complex because they involve many different legal systems. Resolving these disputes requires a deep understanding of international law and dispute resolution methods such as negotiation, mediation, international arbitration or filing a lawsuit in a competent court. This article will help you learn in detail about the types of disputes involving foreign elements and effective ways to resolve them to protect the interests of the parties involved.

I. Current status of disputes with foreign elements

Nowadays, with the development of science and technology, organizations moving from one country to another becomes easier and faster. Therefore, civil cases with foreign elements appear more and more. When a civil case with foreign elements arises, the courts of the relevant countries can have jurisdiction to resolve it.

II. Understanding disputes with foreign elements

Learn about disputes with foreign elements as follows:

1. What is a dispute with foreign elements?

According to Clause 4, Article 3 of the Law on Commercial Arbitration 2010, disputes with foreign elements are explained as disputes arising in commercial relations or other legal relations with foreign elements as prescribed in the Civil Code.

2. Some common types of disputes with foreign elements

We can divide into five common types of disputes as follows:

- Disputes arising in business and commercial activities between individuals and organizations with business registration and all with the purpose of profit

- Disputes over intellectual property rights and technology transfer between individuals and organizations, all with the purpose of profit.

- Disputes between people who are not company members but have transactions on transferring capital contributions with the company, company members

- Disputes between the company and its members; disputes between the company and managers in limited liability companies or members of the board of directors, directors, general directors in joint stock companies, between members of the company with each other related to the establishment, operation, dissolution, merger, consolidation, division, separation, transfer of company assets, and conversion of the company's organizational form.

- Other business and commercial disputes, except for cases under the jurisdiction of other agencies and organizations as prescribed by law.