Your company is concluding a contract with a partner in another country: customer, supplier, distribution partner or software provider. The clauses at the end of the contract decide almost everything in a dispute.
What matters now
- Without a choice of law, the applicable law is determined by rules that hardly anyone can predict.
- In international sales of goods, the UN Convention on Contracts for the International Sale of Goods often applies automatically unless it is excluded; that may or may not be intended.
- A place of jurisdiction only helps if a judgment can be enforced where the partner has assets; otherwise an arbitration clause is often the better choice.
- Language, authoritative version and service should be regulated at the same time.
- Conflicting general terms on both sides are common; a clear agreement in the individual contract helps.
Documents I need
- the draft contract or both sides’ offers with general terms
- details of the partner’s seat and assets
- the type of performance and delivery routes
- earlier contracts with the same partner
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. How we work together and how fees are charged is explained under How we work together.
More: Civil and commercial law, Arbitration.
This page gives a general overview of German law and does not replace advice on the individual case.