A contract is international if the deal contains a foreign element and another jurisdiction has to be considered. This is most obvious if the contracting parties are companies established in different countries but also exists when both parties are from the same jurisdiction and delivery of the goods/services takes place abroad. 

In today’s global economic environment, most companies have international affairs, but cross-border deals often require special expertise. When negotiating contracts related to selling goods or offering services between companies that reside in different countries, you might want to consult an experienced counsel. 

I assist you to avoid the most common pitfalls by reviewing your contracts. Whether it is a commercial contract, a foreign supply, distribution or service agreement, a manufacturing contract, a commercial agency contract, or a more complex case such as acquisition of a foreign company, seek early legal advice. 

Do not forget that in these kind of deals it is strongly recommended to provide for a dispute resolution mechanism. The main question is whether disputes should be settled in court or by means of arbitration. If you prefer court proceedings, we will discuss how to include governing law and jurisdiction clauses in the contract and how to choose the applicable law. 

Governing law is the actual law that applies to each term of the contract. Jurisdiction is usually the issue of which country’s courts have the right to hear any legal claim that is brought when a dispute arises. If your contract does not mention jurisdiction and governing law, these must be determined by reference to EU law when something goes wrong and you need to go to court.  

The following simplified procedures are commonly used in the EU:

European Payment Order

When you are claiming money from someone who does not deny that they owe you the sum in question ("uncontested pecuniary claim")

European Enforcement Order

It is a certificate which accompanies a national judgment, a court settlement or an authentic instrument, allowing it to be enforced in another Member State.

European Small Claims Procedure

This procedure applies to cross-border claims up to €5000, excluding interest. 

For general civil law claims the "Brussels I" Regulation (44/2001) applies. It sets out the rules for deciding which courts should hear a cross-border case and how a judgment can be recognised and enforced in another Member State. 

Taking legal action against a person or company in another Member State can be quite a challenge, so choose an expert who is familiar with the common rules and standardised procedures for crossborder litigation in the EU. Contact me here to get legal support for your international issues >>