International Civil Procedure Law
International civil procedure law plays an important role in, for example, service to or from abroad or the enforcement of judgments in another state. This area of law also includes the determination of the competent court. This offers various possibilities for strategies to avoid or secure claims and to reduce the duration and costs of proceedings.
Our lawyers have many years of experience in avoiding risky proceedings before foreign courts by bringing domestic actions at an early stage. By proactively initiating proceedings, a more favourable outcome can often be achieved and costs saved. Through the recognition of the decisions obtained in this way (judgments, decisions, but also arbitral awards) abroad, which we accompany through our partner law firms, proceedings abroad can often be avoided or ended quickly.
Our firm keeps its finger on the pulse of new developments in international civil procedure law. This allows us to incorporate new avenues when evaluating the most favourable strategies. In this way, we can counter the significant complications of foreign references, which usually entail higher costs and longer procedural durations, and use scope for structuring to the advantage of our clientele.
Within the EU, international civil procedure law is regulated by regulations (European Civil Procedure Law), which differ significantly from the conventions that govern most other international disputes. The procedural law has been modernised with effect from 1 July 2022, for example, by the European Regulation on the Service of Documents, Regulation (EU) 2020/1784 and the Regulation on the Taking of Evidence, Regulation (EU) 2020/1783. In addition, the Brussels Ia Regulation (Regulation (EU) 1215/2012), which provides a uniform legal framework in all Member States, regulates in particular the place of jurisdiction and the recognition and enforcement in civil proceedings.
Our main areas of activity
Advice on the drafting of contracts with regard to choice of law, place of jurisdiction and subsequent securing of enforceability of titles
Avoiding foreign proceedings by suing domestically (“Torpedo lawsuits”)
Support in proceedings abroad in close cooperation with local partner law firms
Enforcement of domestic decisions at home and abroad, there in cooperation with local partner law firms
Advice on service of judicial documents from abroad - what defence makes sense
Assistance with or defence against the enforcement of foreign judgments in the home country
You profit from this
We offer you legal advice from a single source at the highest level in all aspects of international contracts and disputes. You benefit from the close cooperation between our offices, which allows us to involve the respective experts of our litigation team in specific issues - always coordinated by a contact person from our law firm with many years of experience in the industry. Through our international network SCG Legal, we are in contact with cooperating law firms in all relevant countries. This means that we can accompany you in proceedings abroad and support the local cooperation law firms with our experience.
