Does your business touch down well ?
International trade law
You want your (international) business to go well. Your offtakers should pay on time, your suppliers must deliver the agreed goods in the right quality and quantity, your agreements must be clear and binding. There is much more to think about. Unfortunately this does not all go well. Sometimes disputes need to be taken to court.
VEEM.Legal can advise you on preventing problems and to help you solving them. It has ample experience in the field of (international) trade law, specifically involving disputes between Dutch and Czech companies. A number of common legal matters are listed below.
Contracts
Drafting and reviewing of international purchase agreements setting out the terms and conditions of your dealings with (foreign) business partners, including advice. In short: making sure that you are agreeing on all that is necessary to avoid or limit problems.
Disputes
Trade is hardly possible without having any disputes. Solving them will not always require an attorney at law, but unfortunately sometimes it will. VEEM.Legal has ample experience with such conflicts, regardless if it involves going to court or support with your correspondence. VEEM.Legal will take into account the relationship you may want to keep with the business partner.
Applicable law and competent court
In international trade law the following matters play an important role. What law is applicable and which court is competent to judge over the dispute? Can you determine this yourself? If so, when and how? Would you like to prevent being taken to court in another country or to be subject to foreign law? If so, it is advisable to have these questions answered before closing a contract or initiating legal proceedings.
Special rules of trade law
Special uniform rules of law exist for international purchase agreements relating to the sale of moveable goods. These rules are laid down in the 'United Nations Convention on Contracts for the International Sale of Goods' (abbreviated as CISG). Many countries are a party to this convention, including the Netherlands. It is advisable to also know if this convention is applicable to your sale and if it desirable to select other law.
Conformity
If goods are delivered in breach of a contract specific issues are relevant to consider, such as the moment risk will pass, transfer of legal title, the period within which quality must be ascertained, complaints filed etc. It is good to know what you may or should do if you did not deliver or receive goods as agreed.
Claims
If you are entitled to something pursuant to a contract or applicable law, you may claim such title by bringing a legal action against the relevant counterparty. You may think of actions to satisfy contractual obligations, delivery of replacement goods, repair, reduction of the purchase price, rescinding the contract, compensation of damages, interest.