SOME PROPOSAL FOR METHODS OF APPLYING CASE LAW IN RESOLVING COMMERCIAL AND BUSINESS DISPUTES

Abstract

Derived from the current state of the law as well as the current legal context in Vietnam, and based on the selective inheritance of valuable experiences from the countries that take the lead in the application of precedents, this article proposes on how to apply case law to resolve business and commercial disputes in Vietnam today. This includes determining the validity of the cases, how the judges apply the cases, the compliance or rejection of the cases, and the combination of case law and other sources of law in dealing with disputes in business and commerce.