For businesses
Commercial and trade law: putting business relationships on a clear footing
Suppliers, customers, distribution partners and cooperation arrangements form the backbone of every business. When performance fails, payments stall or a partner is based abroad, legal and commercial questions merge. We help you assess the situation soberly and make decisions that suit your business.
Overview
What commercial and trade law involves
The focus is on a company’s relationships with other market participants: sale and supply contracts, service and works contracts, distribution and cooperation agreements. What matters is not only what the contract says, but also how the cooperation was actually conducted and what can be evidenced. An early assessment helps contain conflicts before they strain the business relationship as a whole.
Cross-border transactions raise further questions: which law was chosen or applies in the absence of a choice, which courts or arbitral bodies have jurisdiction and whether a decision can be enforced in the other party’s country. Alongside the legal position, we therefore always consider costs, enforceability and the other side’s financial situation.
Typical questions from companies:
- How do we respond to defective or late deliveries?
- Is it worth pursuing an unpaid claim in court?
- What risks does a new distribution or cooperation partner abroad present?
- How can a business relationship be ended in an orderly way?
- What should we watch for when a supplier changes its payment details?
Hypothetical examples
Examples from practice
The following situations are hypothetical examples. They illustrate typical questions and do not describe actual engagements, companies or outcomes.
Example: a defective shipment from overseas
A mid-sized trading company receives goods that do not meet the agreed specification. The questions are the duty to give notice of defects under the applicable law, how the defects are documented and which options against the supplier are realistic.
Example: the customer who does not pay
A service provider has worked for months for a customer in another EU member state, but the invoices remain unpaid. The focus is on the evidence, the choice between out-of-court and court action, and enforcement abroad.
Example: the changed bank details
Accounts payable receives an email stating that a long-standing supplier has changed its account. The issues are verifying the notice, internal approval processes and – if payment has already been made – prompt steps with the bank and the payee.
Documents
Documents that make the assessment easier
For a robust evaluation, the key business documents should be compiled, in particular:
- Framework and individual contracts, purchase orders and order confirmations
- Both parties’ incorporated terms and conditions
- Delivery notes, acceptance reports and documentation of defects
- Invoices, reminders and a list of open items
- The relevant correspondence in chronological order
- Details of the other party’s registered office and register entry
- Internal contacts and decision-making responsibilities
A brief account of the facts is enough for a first enquiry. Please send confidential business documents only after agreeing a suitable secure channel with us.
Process
How we work with you
Our approach is guided by your business objective. Working together typically follows these steps:
- Step 01
Recording the facts
You describe the business context, the parties, the countries involved and any current deadlines arising from letters or contracts.
- Step 02
Legal and commercial assessment
We assess the legal position, the evidence and enforceability and weigh them against the expected effort.
- Step 03
Agreeing the strategy
We discuss possible routes with you – from negotiation and settlement through to formal proceedings – and their costs.
- Step 04
Supporting implementation
Once you approve, we take the agreed steps and keep you clearly informed of progress.
Frequently asked questions
Frequently asked questions on commercial and trade law
When is it worth pursuing an unpaid claim?
That depends on the amount, the evidence, the costs and whether the other side is able to pay. An early assessment shows whether out-of-court action, court proceedings or writing the claim off makes commercial sense.
Which law applies to transactions with foreign partners?
The first question is whether the parties made a choice of law. Without one, the rules of private international law and, where relevant, international conventions apply. We examine which of these apply in the individual case on the basis of the contracts.
What should we do if we have paid into the wrong account?
Inform your bank immediately, secure all communications and document the payment. The sooner you react, the more likely recall attempts are to be possible; success, however, cannot be promised.
Next step
Tell us about your business matter
Outline the context, the parties and the countries involved. You will receive a response on which next steps may be appropriate and what effort they may involve.
- A short description is enough for a first enquiry.
- Confidential documents only after agreeing a secure channel.
- An enquiry does not yet establish a client relationship.