Effective Remedies for Breach of Commercial Contracts - An Empirical Study of the Vietnamese Courts’ Decisions

Abstract

Remedies for breach of commercial contracts play an important role. However, the current literature has not focused comprehensively on the application of all remedies provided in the Vietnamese Commercial Law 2005 in the adjudication process of the Vietnamese courts. This study attempts to fill the gap. The authors collect and analyse all the first instance decisions of the provincial-level People's Courts in the country from the beginning of 2019 to the end of 2023. The results show that only half of the remedies stipulated in the law are usually awarded by the courts; and the simultaneous imposition of remedies is common. In addition, some of the shortcomings in the reasoning and application of remedies are also analyzed in detail, as a premise for future studies.