When it comes to dispute resolution, there are so many choices available to disputants. Of which, court and arbitration are the most popular ones. In many cases, to maximize the advantages of each dispute resolution method and make a choice more suitable to the nature of the dispute as well as the interests needing to be protected, a party having stronger bargaining power in a contractual relationship often wishes to reserve its right in selecting the dispute resolution method and making the final choice on this matter after the dispute has arisen. The asymmetric dispute resolution clause, therefore, is created to meet such requirements.
Associate Loi Pham discusses the asymmetric dispute resolution clause in depth in his article published in Lexology. Read the full article here.
Loi is a Vietnamese qualified lawyer with specialization in Corporate, M&A, and Arbitration. He has been involved in preparation and negotiation of transactional documents, conducting due diligence, assisting the project companies with their daily operation matters, and assisting foreign investors during the implementation of their projects in Vietnam.