Our expertise covers the international sale of goods and services, encompassing the structuring and optimisation of international commercial transactions: advising, contracting and dispute resolution.
Our International Commercial Contracting team is familiar with and has ample experience structuring, drafting, advising on and litigating on all matters relating to international commercial contracts, such as sale and purchase contracts, supply contracts, R&D contracts, production contracts, tolling contracts, OEM contracts, licensing contracts, agency, distribution and franchise contracts, joint ventures and general terms and conditions of sale, purchase and supply.
Dispute resolution and applicable law are major factors in international trade. Most issues arising out of international commercial transactions are governed by applicable national law, but international or even supranational legislation may apply as well, such as the Vienna Sales Convention, the New York Convention and EU regulations. Other matters to be taken into account are the jurisdiction of courts, the enforcement of judicial and arbitral awards, and preliminary relief.
Every sales channel, such as agency and distribution, has its own pros and cons and has different sets of laws and regulations applying to it. There is a whole range of factors affecting the decision to market products or services, legal aspects among them.
International commercial contracts also need take into consideration tax aspects to avoid double taxation and to find the most efficient commercial and logistical route for the goods to be transported. These tax aspects relate to transfer pricing, permanent establishment, customs warehouse, profit allocation, import and export taxes, and VAT, among other things.
We collaborate closely with our colleagues in the tax, transport & energy, IP & data protection teams to offer our clients a full-service experience.
Our chief aim is to help you create and pursue corporate activities on a global scale by providing you with transparent and enforceable commercial contracts and sound, practical advice on the legal issues you may encounter. Our top priority is to offer advice at an early stage and thereby to prevent disputes from arising.
Many of our specialists focus on specific markets, such as automotive, food, food service, packaging & disposables, international trade, industry, chemicals and ICT & technology.
The way we work
We take a proactive approach when clients seek our team's advice on the diverse range of issues their businesses face when engaging in national and international commercial transactions. We help them identify (i) the interests of the parties involved and (ii) the key problem areas of an international transaction, using this analysis to formulate a strategy. Our team puts all the risks and options involved before the entrepreneur, enabling them to take the right decision. We also advise on streamlining business processes. Companies wishing to evaluate their risk profiles can seek our assistance too, in which case we will also offer advice on ways to mitigate risks.
Legal disputes If you get drawn into a legal dispute, we are fully equipped to advise you on the chances of prevailing and will sit down with you to explore the possibility of an out-of-court settlement. Having extensive expertise in attachment law and execution law, our international Commercial Contracting team represents clients in civil actions and arbitrations.
Combining thorough legal knowledge and a deep understanding of financial aspects with a hands-on approach and the ability to identify the key issues and interests of all parties involved, we have strategic insight and are able to offer creative solutions to help you achieve the best possible result.