Through the process of advising a lot of businesses on commercial disputes, we realize that there are many disputes arising while businesses operating in which prominent ones are internal disputes surrounding the enterprises problem.
Common internal business disputes:
– Disputes between companies and managers in limited liability companies.
– Disputes between members of the Board of Directors, director, general director of a joint-stock company, between members of the company regarding the establishment, operation, dissolution, merger and consolidation , dividing, splitting and handing over assets of the company, transforming the organizational form of the company.
– Disputes during the process of capital contribution, valuation of capital assets, disputes over the time of capital contribution.
– Company members do not contribute sufficient capital as committed or do not conduct capital contribution.
– Disputes over transfer or offering of shares and stocks among members.
– Disputes on the status of company shareholders, membership status and the time to enjoy the rights of members.
– Disputes in operating activities and corporate governance
– Disputes over decisions made unfair, illegal decisions;
– Do not accept the decision of the General Meeting of Shareholders, the Board of Members because their rights are not as expected.
Regarding the settlement of internal disputes within the company:
The law respects the principle of business freedom of enterprises, so enterprises are free to choose dispute settlement options. Businesses should adhere to the following principles when resolving disputes:
Principle of self-determination: this principle is expressed firstly in the right to self-negotiate the most beneficial and most appropriate method of dispute settlement with the parties such as self-negotiation and mediation. In case the settlement of disputes by this method does not bring the expected results, any party has the right to bring the dispute to the competent authorities to resolve.
Principles of equality before the law: regardless of their economic status, status, capital, assets, disputing parties are respected by the law and protect their legitimate rights and interests.
Principle of conciliation: the law encourages parties to self-mediate, only when the conciliation is not possible, should the arbitration authorities resolve it. When accepting cases, the judicial authorities also take measures for conciliation and recognition of conciliation before trial.
Principle of resolving disputes quickly and promptly, ensuring limiting the production and business process: business activities are inherently a closed cycle, so at any stage of trouble, interruptions always do affecting business activities. Dispute resolution not resolved quickly will seriously affect the existence and sustainable development of enterprises.
The law still encourages businesses to resolve internal disputes through negotiation and conciliation. When the internal dispute cannot be resolved by other means, the enterprise will choose to resolve it in court. The settlement in the court of the parties must comply with the authority, procedures and settlement principles as prescribed in the Civil Procedure Code 2015.
TinNhanhPhapLuat specializes in providing internal dispute resolution consulting services, if you need assistance, please contact us at hotline 0984624444 or emai “email@example.com”.