Commercial Law

Globalisation has turned sales and trade upside down. Foreign markets, different rules – today almost every trading company is confronted with these challenges. Online shopping is steadily gaining in popularity and forcing supporters of classic trade practices to follow their lead. Clear contractual relationships are more important than ever.

Well sorted: Contract law know-how as you need it

Orth Kluth's experts in national and international contract and commercial law consult medium-sized companies as well as global groups. We support you in the day-to-day business of drafting contracts for all your commercial relationships as well as in major projects and investment plans, regardless of whether on the buyer or supplier side. We also utilise our expertise in foreign trade law and complement our know-how in matters of transport and insolvency law, if payment defaults threaten or materialise.

We are experienced in all legal issues relating to distribution models and supply chains. Our experts in contract law draft agreements with customers, suppliers and subcontractors, and examine distribution systems both online and offline. We also keep your general terms and conditions up to date.

We also have many years of experience in dealing with product liability cases and defence against corresponding claims for damages as well as in preventive legal advice on product safety.

Tailor-made for your industry

The lawyers working in the contract and commercial law department have particular sector-specific experience in areas such as plant and mechanical engineering, automotive, steel, renewable energies, rail transport, food, clothing and trade. Thus, we always combine expertise in contract and commercial law with experience gained over many years at industry level.

Focus on general contract law and commercial law
Contract drafting and negotiation of national and international contracts; e.g. supply, purchase, performance and service contracts as well as general terms and conditions; contractual disputes; defence against claims and enforcement of claims (e.g. liability for defects, default / contractual penalties); legal support in project and order processing.

Focus on major projects and investment plans
EPC/Turn Key contracts, project contracts, outsourcing, joint venture contracts, technology transfer.

Focus on national and international commercial law
Commercial agents', distributors' and brokers' contracts; defence and enforcement of compensation claims; international distribution systems; e-commerce; compliance with commercial law.

Focus on product liability and product safety
Defects and product liability cases; repetitive damage and field actions; law on product safety; support for and coordination with authorities; insurance law processing and consulting; training courses on liability prevention, securing claims and claims handling.

Focus on insolvency law
Counselling of creditors of insolvency proceedings, persons entitled to separate satisfaction (Absonderungsrecht) and persons entitled to separation (Aussonderungsrecht); preventive protection against insolvency; counselling during financial crises; restructuring and continuation concepts; defence against claims for contestation.