Commercial Law

We advise on all commercial law issues - distribution law, supply contracts, general terms and conditions - contract drafting, contract negotiation

Competences

Commercial Law

We advise domestic and foreign companies on all issues of commercial law. In doing so, we advise and accompany our clients in their day-to-day business or take on representation in commercial law disputes before ordinary courts as well as national or international arbitration courts.

A special focus in commercial law is the drafting of contracts and general terms and conditions (GTC) in various supply relationships. In view of increasingly strict case law, general terms and conditions in particular harbour conflict potential between the contracting parties and, in the event of (partial) invalidity, threaten to impair the balance of commercial business relationships to a not inconsiderable extent.

We draft and negotiate all contracts under commercial law, starting with purchase agreements or production contracts, through service and development contracts to leasing agreements and security agreements. In addition, commercial agents, authorised dealers and also commission business occupy an important position in the context of commercial law advice. In this context, we also advise on the establishment of distribution networks and draft supply and sales agreements, with and without territorial restrictions/exclusivity. If the cooperation between the contracting parties ends, we often advise on questions of a possible claim for compensation.

Finally, we also advise specifically on the hedging of commercial law risks, liability traps should be avoided from the outset and any necessary financing should be secured. Together with the client, we identify the hedging instruments and then draft the contractual conditions. If a liability case occurs nevertheless, we also represent the client in liability proceedings.

Our main areas of activity in commercial law are:

  • Drafting contracts under commercial law
  • Drafting and review of general terms and conditions (GTC)
  • Distribution law
    • Legal structuring of distribution networks
    • Sales representatives
      • Regional Representation
      • Exclusive representation
      • Compensation claim
    • Authorised dealer
    • Commission agent
    • Franchise
  • International Trade
  • Design of hedging instruments
    • (extended) retention of title
  • Commercial disputes
    • Court representation (Chamber for Commercial Matters)
    • Arbitration proceedings

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