Your law firm in Bad Homburg / Frankfurt for international issues
Litigation
Arbitration
Representation and Support in Litigation and Arbitration proceedings, in Germany and abroad
Litigation - Arbitration
Conflicts cannot always be solved through friendly negotiations. Sometimes there is no other option than fililing a lawsuit to pursue your claims.
Or, vice-versa, you are faced with a lawsuit and you have to defend yourself against unjustified claims.
That equally applies to the national as well as to the international level. Foreign countries might have different customs and conventions when it come to dispute resolution, but as a last resort, also in far away countries, the only option might remain to file a lawsuit in order to assert your claims.
When doing business abroad in certain cases it can make sense to agree on arbitration proceedings instead of the local courts. Well-known arbitration institutions can provide reliable and independent solutions for conflicts with foreign business partners.
We can advice you in choosing the competent local courts in international disputes and prepare litigation strategies for your legal case.
In the event the competent courts are situated in Germany we can represent you at the local courts.
In case the competent court is situated in another country we will arrange an experience local lawyer for you and support you by coordinating and supervising your case. Insofar we have a extensive network of experienced local law firms.
We can also advise and support you in your recognition and enforcement proceedings of your foreign court decision or abitral award.
In case of arbitration proceedings we can represent you at the chosen arbitration body. Dr. Martin Seybold has extensive experience in arbitration porceedings in China and ASEAN. We can basically represent you in any arbitration proceeding worldwide. In the event that local rules require local lawyers, we organise an experienced local lawyer for you, and support and advise you during the entire proceedings.
China Business
For more than 15 years Dr. Martin Seybold has advised and supported German and foreign companies of all sizes and all business branches, as well as individuals and business men, in doing business in China, and in all legal questions related thereto.
Our expertise regarding China lies especially in the fields of set-up of local entities, transactions and restructuring, as well as contracting, intellectual property rights protection, compliance and liabilities of executive personnel in China.
We support in matters regarding „Corporate Social Credit System“, negotiate for you with chinese authorities, or “troubleshoot” against measures taken by the Chinese authorities against your business.
We are spezialized in dispute resolution with Chinese business partners. We can advise and support you in out of court negotiations for conflict resolution with Chinese business partners. Furthermore we can represent you at chinese arbitration institutions and support you in case of legal disputes at Chinese courts.
Meanwhile our experienced Chinese cooporation lawyers can represent your case at any Chinese court in Mainland China.
We can offer you the same legal services for your businesses and investments in Vietnam.
Also in Vietnam we work together with experienced local Vietnamese cooperation lawyers in order to advise and support you in your investments and in case of legal disputes in Vietnam.
In any case, do not hestitate to contact us!
We are sure, that we will find a solution for your problem.
Contracting
Drafting and reviewing of all kinds of business contracts, especially cross-border contracts
Contracting
Written contracts are the framework for functioning economic relations. That applies equally to domestic as well as cross-border contracts. It is often overlooked that local laws might not be suitable in a cross-border transaction. International regulations, such as the Convention on Contracts for the International Sale of Goods (CISG) can be more suitable for cross-border sales than national rules.
On the other EU-regulations might have unforseen consequences on e.g. distribution agreements within the EU.
In trans-continental businesses, especially with far away countries with different cultures, but also countries with “common-law” jurisdictions, and from the US legal sphere, it is essential to have a thorough look into the contractual provisions and the legal consequences of each stipulation.
Furthermore, in our experience it is quite often overlooked, that the applicable law and the place of jurisdiction chosen for each specific agreement in each specific case, is crucial for the future enforcement of your contractual rights and obligations.
Drafting and reviewing business contracts of all kinds is a core area of our legal services. Dr. Martin Seybold can look back to over 20 years of experience in dafting. reviewing and negotiating all kinds of cross-border business contrats.
We can e.g. draft, review and negotiate for you sales and distribution contracts - domestic and cross-border. As alterntive to the common dirtribution channels we can draft and review for you alternative commercial contract structures. We are experienced in contracting of international plant engineering and plant constructions, of international construction projects, as well as technology transfers and licensing businesses.
Please do ot hesitate to contact us!
Our aim is to provide you with the apporpriate contractual protection for your business.
Labour Law
Expat-Contracts
Consulting in secondments and "expat-contracts", representation at German labour courts
Labour Law
The labour laws and regulations applicable between an employee and its employer is in general in each country not very complex. Mostly it is about conclusion of individual labour contracts, the right and obligations of the employee and the employer out of an labour relation, and the unilateral termination or mutual dissoultion of a labour contract. So far so good.
It is getting much more complicated in case a company dispatches employees to abroad, or in case a Company wishes to hire local staff abroad. In these cases further legal questions arise, regarding international labour law as well as regarding the applicable domestic labour laws and regulations. Secondments of employees to foreign countries often require a whole bunch of Contracts and Agreements with the employee. In case of termination of a dispatchment or secondment contract, this does not necessarily mean that the whole labour relationsship with the employer is dissolved – quite often the employee just “falls back” to the lebor relationsship he had before secondment to abroad
Therefore the termination of the entire labor relationsship can trigger quite complicated questions regarding severance payments, the applicable law, as well as the requirements to terminate the entire labour relationsship.
We advise and support you in all these matters. We advise you in drafting the labour contract and the structuring of your “expat-contracts”. In case the laws and regulations of a foreign country is applicable we will organize the required legal expertise through local experts in labour law. We als advise you in the terimination and dissolution of complex secondments and “expat-contracts”, and we represent you in your labour disputes at German labour courts.
Especially, in case of labour law disputes in China and Vietnam we can represent you at the local labour courts through our local cooperation lawyers.
International Transactions
Support in your investments and business transactions, in Germany and abroad
International Transactions
Investments usually require either the set-up of a local entity, or the taking over of a existing local company or part of its shares. Within the EU there are nowadays manifold options for the set-up of EU-foreign corporations, as wells as for EU-internal company acquistions and restructurings.
We advise and support you with your investments and transactions in Germany as well as abroad, be it through the set-up of a customized entity (e.g. German “GmbH”, “GmbH & Co. KG”, “AG” or a European “SE-Societas Euopea”), or the entry into, or taking-over of a existing company, be it through an asset deal, share deal or through a merger.
Regarding China and Vietnam, we have thorough expertise in the fields of foreign investments and international transactions. Be it regarding the set-up of a local trading company, regarding the realization of huge “greenfield” production projects, the set-up of a Joint Venture, or in case of the acquisition of a domestic company. We advise you in the legal structuring of your investment project, and support you in the realization of your project, from th beginning until its very end.
Together wth our cooperations partners in China and Vietnam we can conduct for you all required actions on site: For example reviewing the local situation with regard to land and real estate, conduction on site due diligence at the loacal companies, or register, transfer or deregister local entities at the local authorities.
International Legal Expertise
Legal expertise and legal opinion in international legal matters and cross-border affairs
International Legal Expertise
Nowadays everyone is confronted with manifold cross-border situations - faster than you can imagine: Products ordered for your own business are delivered from ASEAN, China or America; your products shall be e.g. distributed in Austria or Spain; industrial facilities have to be shipped to far away continents; “business angels” and investors have their place of business “Offshore”, in Switzerland, or in Luxembourg.
This applies not only to enterprises and business-men, but also to each one of us as individual.
All cross-border matters trigger automatically international legal questions, from corporate law, labour law, and real estate law, to complex inheritance and family law questions.
Furthermore EU-regulations and directives govern more and more areas of the business life, as well as the indivdual, private life style.
We review your individual legal matter, we check the applicable laws in your matter, and which jurisidiction in which country is internationally in charge in your case. We consult you in your legal options and legally support you in your legal steps abroad.
If required we issue written legal expert opinions to your specific cross-border related legal question, in order to use it in your onging legal proceedings, or for your internal decision-making process.
