Private International Law (IPR)
Markets are globalised and disputes do not stop at national borders. A knowledge of the different regulations depending on the specific foreign matter enables the efficient management of disputes at an early stage. The assessment of the applicable law (private international law, IPR) is intertwined with the assessment of the place of jurisdiction and is the starting point for any dispute with a cross-border connection.
We already advise during the drafting of contracts: By skilfully choosing the law and the place of jurisdiction or an arbitration clause, significant risks can already be averted and costs reduced.
As in other areas of law, there is scope for argumentation in determining the applicable law. In some cases, the choice of court before which a case is brought can even influence the applicable substantive law. We use this leeway, partly in cooperation with our partner law firms, to minimise costs and risks for our clients. By proactively initiating lawsuits in Germany, we have already achieved on several occasions that the non-existence of claims against our clients was legally established and thus proceedings abroad, in which there was a high risk of a conviction, were avoided.
Our lawyers advise and represent both domestic and foreign companies, and not only represent them in proceedings at home, but also assist them in proceedings abroad.
The main aspects of our services include:
Advice on the drafting of contracts with regard to choice of law, place of jurisdiction and subsequent securing of enforceability of titles
Advice and representation in disputes also on the applicable law
Avoiding foreign proceedings by suing domestically (“torpedo lawsuits”)
Support in proceedings abroad in close cooperation with local partner law firms