1. Settlement through negotiation: In case of any dispute in the performance of the contract, both parties shall first settle it on the principle of equality, mutual benefit and consensus. The decentralization of the legal department should not be exercised by passive procrastination, nor by detaining goods or refusing to pay for goods, because these practices will not help solve the problem. According to the law, lawyers in contract disputes should first resolve disputes through consultation. The settlement of disputes through consultation is based on mutual understanding, mutual accommodation and equal consultation, which neither affects unity nor future cooperation, but also saves time, manpower and material resources.
2. Mediation: The mediation of contract disputes refers to an activity in which both parties voluntarily explain and persuade the disputing parties on the basis of finding out the facts and distinguishing right from wrong under the auspices of a third party, so as to promote mutual understanding and accommodation, reach a settlement agreement, and thus resolve disputes.
3. Arbitration settlement: Arbitration refers to the dispute between the two parties to the contract. If negotiation fails, it shall be settled by arbitration in accordance with relevant regulations or as agreed by both parties. Arbitration is a common way to solve contract disputes. The parties adopt arbitration to solve contract disputes, and the lawyers of online contract disputes believe that the following issues should be paid attention to:
(1) During arbitration.
(2) Arbitration institutions and jurisdiction.
(3) Arbitration effect.
4. Litigation settlement: In case of any dispute during the performance of the contract, both parties shall directly settle it by bringing a lawsuit to the court without special agreement. Litigation to resolve contract disputes is a common and effective method. Magic online contract lawyers believe that we should pay attention to the following issues:
(1) Limitation of action. The general rule is three years, unless the law has special provisions.
(2) Litigation jurisdiction. Agreed or statutory jurisdiction.
(3) litigation preservation. Litigation preservation is a kind of civil litigation legal system, which means that the court can take measures such as sealing up, distraining, freezing and providing guarantee to one party's property according to the application of the other party or ex officio when the judgment cannot be executed or is difficult to be executed due to one party's behavior or other reasons.
legal ground
Interpretation of Article 466 of the General Principles of the Civil Law of People's Republic of China (PRC) If the parties have disputes over the understanding of the terms of the contract, the meaning of the disputed terms shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. Where a contract text is concluded in two or more languages, and the agreement is equally authentic, the words used in each text shall have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.