Globalisation continues to advance. Trade has long since ceased to stop at national borders. This also has implications for jurisdiction.
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - www.grprainer.com/en conclude: Distances no longer pose a problem, many borders are open and a lot of firms operate internationally. Increasing globalisation has opened up new sales markets and possibilities. At the same time, the legal situation for international business relationships has become far more unclear, as national law is frequently not applicable in cases where foreign elements are involved.
In this instance, international law, or more specifically private international law (PIL), supersedes the national legal order. PIL decides which law is to be applied and the jurisdiction of courts in cases involving cross-border legal disputes. Thus, it becomes important if different national legal systems collide with one another in a dispute and different country-specific systems of private law come into consideration for assessing the circumstances. That is why it is also referred to as the conflict of laws. In international conflict cases, PIL determines which law is applicable.
Yet private international law is part of national law. Each country separately regulates private international law. This can in turn lead to varying or controversial legal opinions in international disputes.
It is therefore virtually essential for internationally operating businesses to obtain competent legal advice from lawyers who are qualified and experienced in the field of international law, as the fact that national disputes are difficult to resolve and controversial legal opinions collide with one another is all the more true for international relations.
Legal certainty is important to companies when concluding transactions at home and abroad. Extreme care should therefore be exercised as early as the stage of drafting agreements with (international) business partners so as to be immune to unpleasant and, as the case may be, costly surprises. Lawyers competent in the field of international law can review and draft the agreements and provide legal security for transactions. They will, of course, also represent your interests in the event of a dispute with international business partners and assert cross-border claims.