Legal challenges of asymmetric commercial relationships in global supply chains
Development summary
Việt Nguyễn Đức analyses the private-international-law problems created by asymmetric commercial relationships between small and medium-sized enterprises and multinational corporations through the Gilimex–Amazon and Shimano–Apple disputes. The discussion covers contractual liability, the determination of jurisdiction, the choice and application of applicable law, and legal mechanisms addressing abuse of superior bargaining power.
Analysis of the two disputes identifies gaps in Vietnamese law and leads to reform proposals aimed at strengthening the protection of domestic enterprises in disproportionate commercial relationships within global supply chains.