No exclusion of private international law
The usual exclusion of private international law in choice of law clauses is superfluous and wrong. The solution is simple.
Insights
Read about what really matters when drafting contracts. We provide you with the necessary context and concrete suggestions for solutions away from the mainstream.
Open Access
Selected, freely accessible specialist literature and materials on international business law.
Modern Contract Language
Inaccurate, redundant, or outdated contract language causes problems. Here are some examples and suggested wording.
"No re-export to Russia": Why exporters need to adjust their contracts now
From March 20, 2024, companies are obliged to include a clause in their contracts for the sale, supply, transfer or export of certain goods and technologies to third countries that contractually prohibits re-export to Russia ("No-Russia" clause).
Best practices in dealing with foreign law
The Hamburg Guidelines support courts, experts and parties in dealing with foreign law in international legal disputes. They present the relevant legal framework in a compact form and provide a number of practical recommendations for action.
How to Sabotage an Organization
Timeless "lessons" from the Simple Sabotage Field Manual by the United States Office of Strategic Services (1944) on sabotaging an organization. And yes, it's ironic.
Incoterms® 2020 FCA and CPT: Best practice for shipping containers through ports
This guidance paper is relevant to users of the lncoterms® 2020 rules for shipping goods in containers through ports anywhere in the world.
Obtaining evidence in the USA in international arbitration proceedings
In the USA, the discovery procedure is a key instrument for preparing a court hearing. The US Supreme Court has decided whether this procedure is also applicable to international arbitration proceedings.
To the extent permitted by law? Not a good idea!
According to German case law, the addition "to the extent permitted by law" renders a pre-formulated contractual clause invalid. This is relevant for jurisdiction clauses, among other things.
Incoterms® 2020 - Practical overview
This article gives an overview of the changes in Incoterms® 2020 compared to Incoterms® 2010 and provides solutions for more legal certainty.
Withdrawal from the purchase contract
Withdrawal from the purchase contract requires that the buyer has previously set the seller a reasonable deadline for supplementary performance without success. This will help you avoid costly mistakes.
No individual agreement
Commercial Contracts often contain a pre-formulated clause according to which the contracting parties have allegedly reached an individual agreement. This clause is counterproductive.