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International contracts – legally secure in global trade
Your contractual partner is located abroad, and you want to ensure that your business relationships are legally sound? When concluding cross-border contracts, it is crucial to consider the legal framework of the various countries. International business always involves a certain amount of risk, but international trade is constantly growing. More and more business relationships are global, which often leads to conflicts between different legal systems. In the worst case, such conflicts can prevent you from enforcing your claims. As experienced lawyers in international trade law, we support you in all legal aspects: whether it's drafting contracts or enforcing your rights in international trade – we provide you with comprehensive and competent advice.
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Important information for safe design
To be on the safe side in international commercial law and to conclude legally binding contracts, you should pay attention to the following points:
Challenges in international trade
Enforcing claims can often be problematic in international business relationships, especially in cases of weak foreign judicial systems or incompatible legal systems. This can make the entire process lengthy or even prevent claims from being enforced at all. Furthermore, political or economic instability in other countries can significantly impact trade, entailing additional risks. A further challenge is the differing interpretation of legal systems, which, combined with the complexity of global trade relations, makes legally secure contract drafting difficult.
contracts with a foreign element
A foreign element exists when contracting parties originate from different countries and agree on the contractual terms. In such cases, it is essential to clearly stipulate in the contract which national law applies. Furthermore, it may be necessary for different parts of the contract to be subject to different legal systems, which increases the complexity of the contractual design and entails specific legal requirements.
Typical contract types in international commercial law
- Cooperation agreements
- Franchise agreements
- Commercial agency contracts
- Authorized dealer contracts
- Supply contracts
- Export contracts
Determination of applicable law
Various international agreements or regulations are used to determine the applicable law in international contracts. In many cases, the applicable law can be agreed upon in the contract, providing legal clarity for the parties. The UN Convention on Contracts for the International Sale of Goods (CISG) is a common choice for international sales contracts because it provides uniform rules for cross-border transactions. In addition, INCOTERM clauses such as EXW, FOB, and DAP can be incorporated into the contract to regulate typical terms of international trade and to define the rights and obligations of the contracting parties regarding delivery, risk, and costs.
Optimization of dispute resolution and jurisdiction
By agreeing on the place of jurisdiction, both travel costs and travel time can be reduced and the risk of litigation can be minimized. A clear definition of the place of jurisdiction reduces uncertainty and ensures efficiency in the event of a legal dispute. Arbitration clauses or alternative out-of-court dispute resolution procedures such as mediation offer a way to avoid lengthy and costly court proceedings and enable dispute resolution in a faster and more cost-effective manner. The Brussels I Regulation (EuGVVO) is crucial for European traders, as it governs the international jurisdiction of courts within the EU and thus provides clarity regarding the place of jurisdiction.
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How we support you with international contracts
When it comes to contracts in international business transactions, we are at your side with our many years of experience. We offer confidential advice and are familiar with the intricacies of international commercial law.
Our support in drafting contracts:
Do you want to securely regulate your goods traffic through a contract? Or do you already have a contract text that you would like to have legally reviewed? We support you in the drafting, design, and review of contracts. Together with you, we define your goals and develop the optimal legal solution. Whether it concerns export contracts, franchise agreements, arbitration agreements, or purchase agreements under the UN Convention on Contracts for the International Sale of Goods – we implement your ideas contractually.
Our help with contract processing:
If you encounter problems, such as defects or the enforcement of warranty claims, we are at your side. Do you have questions about arbitration agreements or the Brussels I Regulation? We will review your contractual and legal options for enforcing your claims and advise you on foreign jurisdictions.
We help you
In the area of international contract law, we offer comprehensive support in all legal matters related to contracts concluded abroad. Whether it concerns the drafting of contracts, the termination of business relationships, or legal disputes – we are at your side with in-depth specialist knowledge and practical experience to best protect your interests. Rely on our expertise to avoid legal risks and protect your rights as an entrepreneur or contractual partner in an international environment.
Professional advice & support
We offer you professional and comprehensive initial advice in the area of commercial law. Take advantage of your opportunity and avoid mistakes.
