Tag: Trade Law
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Extraterritoriality of foreign trade law – explanation and practical relevance
In the context of foreign trade law, there is currently a discussion about the extent to which sanctions can have a so-called ‘extraterritorial effect’. I would like to shed light on this topic and discuss in particular the extent to which this currently applies to individual sanctions regimes. * In foreign trade law, extraterritoriality means…
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Breach of contract in a cross-border contract with an Ohio company
Last week I had received an inquiry from a company regarding the purchase of a machine. A German company purchased a processing machine in a sales transaction from a US-American business partner in Ohio. In the contract per Incoterms a pickup EXW by the German company was agreed. No special contractual provisions have been agreed.…
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Possibilities and limits of Price Adjustment Clauses
Already last year, I highlighted the topic of price adjustment clauses in an article. Today I – again – would like to shed some light on this topic. In doing so, I would like to illuminate new aspects and point out more recent developments. Here, I will restrict myself exclusively to such clauses in b2b…
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Restrictions on letters of credit (LC) under Algerian jurisdiction
Yesterday I had a case with a rather unusual country focus. A German company wants to sell a water treatment plant worth several million euros to Algeria to a local company there. The contract in this regard is currently being negotiated. * In view of the high investment sum, our company has a legitimate interest…
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Consignment warehouse solutions in international trade
In my consultation today, I had an interesting case directly related to customs law. Specifically, it was about the legal construction of a consignment warehouse solution. I would like to take this case as an opportunity to present the general construction and possible legal pitfalls. * The consignment warehouse is a warehouse of a supplier…
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Commercial law in Vietnam – a brief introduction
Next week I will give a seminar for a business delegation from Vietnam – representatives of local companies and regional decision makers – on how to legally safeguard their business relations with German companies. I will put a special focus on distribution law and the particularities of international business such as choice of law, arbitration…
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Exiting a foreign market – legal and practical difficulties
Part of my daily consulting business is supporting market entry into foreign markets. On the other hand, I experience advice on leaving a foreign market rather less frequently. Yesterday evening, however, I actually received such a request. * The German company is still active in the target country despite existing political difficulties. It not only…
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The EU-Russia Sanctions in the Context of Business with the United Arab Emirates
Last week I had a case with an extremely interesting international context. A company from Germany is active in the field of plant engineering of cooling systems. In order to position itself even more broadly on the market, the German company also offers the construction of plants in Russia. However, the company does not do…
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Legal aspects of dropshipping: contractual peculiarities and most relevant legal questions
Anyone who deals with e-commerce will sooner or later always come across the topic of dropshipping. In my contribution I would like to highlight the general process of dropshipping and the main legal questions. * The dropshipping business model consists of three main players: the customer (orderer), the sender (dropshipper), for example a manufacturer or…
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The possibility of withdrawal from the contract under the UN CISG
This week I had a case under review in which a company had ordered goods from mainland China via the Chinese online platform Alibaba. Specifically, the goods were recreational trampolines. The trampolines were actually delivered and were apparently proper. However, when they were resold to the customer, it was noticed that the trampolines were only…
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