RESOLVING DISPUTES ARISING FROM INTERNATIONAL COMMERCIAL CONTRACTS: SPECIAL CONTRACTUAL CLAUSES, INTERNATIONAL EXPERIENCES AND RECOMMENDATIONS FOR VIET NAM

Abstract

In the context of globalization, economic shocks, global pandemics, and geopolitical fluctuations have increasingly triggered disputes arising from international commercial contracts (ICCs), particularly regarding the performance of obligations under extraordinary circumstances. This article aims to analyze both theoretical and practical foundations related to special clauses in ICCs, specifically force majeure and hardship clauses, while clarifying the legal gaps in Vietnam’s current legal framework. The research methods employed include legal analysis, case study analysis, comparative law (focusing on Vietnam, France, Germany, and China), as well as references to legal doctrines, case law, and international treaties. The findings indicate that these countries have established legal mechanisms to balance the principle of contractual stability with the need for fairness under exceptional conditions. Accordingly, the study proposes improvements to Vietnam’s legal system by introducing specific regulations on special clauses in ICCs.
It recommends the development of a clear, transparent, and internationally aligned legal basis to enhance the effectiveness and enforceability of cross-border commercial dispute resolution.