In a world dominated by trade across borders, globalization, and a mobile economy, more and more people are affected by contractual relations outside their home country. Be it companies acting internationally or private persons making a deal, they all are touching borders when it comes to the enforcement of international claims. More often than once the question arises as to how the claim can be enforced and, most importantly, where.
International contract law thus comprises two sections: the legal system on which a claim is based, and the possibility to have it enforced internationally. Both aspects may cause trouble in real life particularly when the parties to the contract have not chosen which law is supposed to apply. As a lawyer with international academic and professional experience, I can assist you in a variety of foreign legal issues. These include matters such as the enforcement of contracts that have been signed by parties in different countries.
Issues on international contracts are usually complex and can rarely be answered in a straightforward manner. Instead, a detailed legal assessment is required. To be able to perform this, I will need any documentation available on the contract as well as information on verbal side agreements in the matter.
European Contract Law
For international contractual cases related to the European Union, the so-called Rome I and Rome II Regulations have had great relevance ever since their coming into effect in 2009. They are supposed to facilitate the interaction of different legal systems and determine which national law is to be applied to an individual case if there is no specific choice of law. Further, there are provisions for consumer protection that have to be adhered to. With their target to strengthen legal certainty, the Rome I and II Regulations are directly applicable in all member states of the European Union and, depending on the case facts, they also do in relation to states outwith the EU.
With my cross-border expertise and competence, I am happy to assist you in any cases that involve issues on the Rome Regulations.
International Sale of Goods and the United Nations
One of the most important international agreements for cross-border trade is the United Nations Convention on Contracts for the International Sale of Goods (commonly abbreviated to CISG), adopted in 1980. As of 1 January 2015, 83 States are parties to the Convention. The CISG contains, among other things, rules on the formation of contracts and obligations of sellers and buyers. This also includes provisions on how to deal with defects of any goods and what follows as a legal result.
As far as the applicability of the CISG has not been excluded by the parties, the Convention is, generally speaking, valid for any sales contracts between business people. The range of this fact is often underestimated by the parties concerned. However, the meaning of the Convention has to be underlined by German export and import figures, as the majority of international contracts is closed with business partners from States that are parties to the Convention.
Cross-border co-operation network
As a law practice involved in international issues, I am co-operating with other European lawyers to offer you the best possible service if foreign law is to be assessed. The same is valid if a claim has to be enforced outwith Germany. One of the clear advantages for my clients is the possibility to pass them on to a relevant foreign expert in many cases without having to search for one first.
If you need support with claims acquired abroad that are likely to be enforceable in German courts, please do get in touch. I am happy to represent you in any national court and make you heard.