The Contract Conclusion In an economic context, it is often a very complex topic. This is not only due to numerous legal regulations, but also because the subject matter to be regulated can be very complicated in itself. Contracts for Contract manufacturing, license agreements and cooperation agreements for Research and Development (R&D).
Contracts between economic actors residing in different states as parties to the contract are characterized by additional complexity. The same applies if a contract is to be performed, in whole or in part, abroad (international commercial contracts).
Numerous laws must be considered not only domestically, but also several legal systems side by side.
Particularly when it comes to international contracts, it is essential to carefully assess whether and how one’s own position can be enforced if necessary. By drafting contracts properly right from the start of the collaboration, risks in international contractual relationships can be reduced. At the same time, opportunities to legally optimize the contractual relationship can be seized. In certain situations, foreign legal systems may be more flexible and advantageous than German law.
Economically important contracts with an international connection should ideally be concluded with professional legal assistance. Economically particularly important are usually contracts
- with significant payment or other performance obligations,
- with long runtime and/or
- whose implementation involves significant risks.
In an international context, additional topics arise that often play no role domestically. These include, among others,
- Special conditions for deliveries (e.g., Incoterms)
- Foreign trade law regulations (e.g., compliance with sanctions)
- Currency risks
- Selection of the applicable law
- Compliance under foreign legal systems (e.g., the Foreign Corrupt Practices Act (FCPA) in the USA)
- Economic enforceability of one's own legal position before foreign courts or arbitration tribunals
Of course, we support you in concluding contracts on an international level in German and English.
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