Choice of law agreements in service contracts between Vietnamese enterprises and foreign partners
In the context of international integration and cooperation, cross-border commercial activities between Vietnamese enterprises and foreign traders, investors or partners take place on a regular basis. Under Point a Clause 2 Article 663 of the Civil Code 2015 , these are civil relations involving foreign elements. Accordingly, contracts entered into between Vietnamese enterprises and foreign partners may concurrently be subject to national laws, international treaties, international customs and mandatory regulations at the place where the contracts are performed. In this context, determining the applicable law is not merely a drafting technique but also directly affects the interpretation of the contract, the determination of the parties’ rights and obligations, the handling of breaches and the resolution of disputes. In practice, during contract negotiations, each party often tends to propose the law of the country in which it is incorporated or headquartered because of its greater ...