Need of guidance for transport contract dispute resolution is the top demand of businesses relating to transport by sea. Transport contract dispute by ship is a kind of dispute relating to maritime operations. Thus guidance for transport contract dispute resolution, in this case, shall comply with the following rules of maritime dispute resolution:
- Disputing parties may settle maritime disputes by entering into negotiations, agreements, or submitting claims to the competent Arbitration or Court.
- Maritime disputes shall be resolved by the Arbitration or Court in accordance with jurisdiction or procedures provided for by laws and regulations.
Furthermore, guidance for transport contract dispute resolution in the case of a disputing party who is a foreign organisation or individual shall comply with the following regulations:
- When a marine contract includes at least one party who is a foreign organisation or individual, parties to such contract may negotiate about the settlement of a dispute by an overseas Arbitration or Court.
- When all parties involved in any maritime dispute are foreign organisations or individuals and enter into a written agreement on the settlement of such dispute by a Vietnamese Court, that Court shall be vested with the authority to settle such dispute even when the disputing place is located outside of the territory of Vietnam.
- Any maritime dispute referred to in paragraph 2 of this Article may also be settled by the Vietnamese Court if bases for the establishment, change or termination of relationship between disputing parties are consistent with the Vietnamese laws or property relating to such relationship is located within the territory of Vietnam.
Guidance for transport contract dispute resolution in relation to evidence
If a transport contract dispute by ship arising from ships, people, or goods carried on-board ships being subject to any loss or damage, or having any suspicion about any possible loss or damage incurred by any accident or incident at sea, a sea protest is an essential resource of evidence to resolve the transport contract dispute. Sea protest refers to a document created by the shipmaster which is served as a statement of situations that a ship has faced and measures that the shipmaster has applied to remedy these situations, restrict any possible loss or damage, and protect legitimate rights and interests of the shipowner and persons involved. Parties of transport contract dispute by ship should note that the sea protest created by the shipmaster and certified by a competent authority shall not exempt the shipmaster from liability for concerning events. Additionally, parties of the dispute should collect important evidence in relation to transport contract as transport documents, evidence on the carrier’s negligence or omission.
Guidance for transport contract dispute resolution in relation to the limitation on liabilities of the carrier
Parties of transport contract dispute by ship should note that the carrier is not entitled to the benefit of the limitation of liability if it is proved that the loss, damage, or delay in delivery resulted from an act or omission of the carrier done with the intent to cause such loss, damage or delay, or recklessly and with the knowledge that such loss, damage or delay would probably result or if it is proved that the loss, damage is resulted from an act or omission of the carrier done with the intent to cause such loss, damage, or recklessly and with the knowledge that such loss, damage would probably result.
Guidance for transport contract dispute resolution in relation to statute of limitation for submission of a claim
The statute of limitation for submission of a claim on loss of and damage to the goods shall be 01 year from the date of discharge of the goods or the date on which the goods should have been delivered to the consignee. The statute of limitation for submission of a claim for compensation for loss resulted from a passenger’s death, injury, or suffering from other health-related damage and loss or damage to baggage lasts for 02 years.
Above is an overview of guidance for transport contract dispute resolution. If you have trouble with finding a law firm providing legal assistance regarding the guidance for transport contract dispute resolution, please do not hesitate to contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.