"Knowledge is power."

Francis Bacon

The articles in the newsroom arise from my daily legal practice in contract law and in litigation. They address recent court decisions, legal developments, and contentious issues—and highlight the lessons they offer for contract drafting and litigation strategy.

The articles offer a compact overview and are intended to provide clients with guidance on how legal issues in contract law and in the enforcement of claims in court can be resolved in practice. They are no substitute for individual legal advice.

LATEST ARTICLES

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Up to €10,000 before the local court: why it goes wrong

Up to €10,000 in the local court – a mistake with an announcement. The planned reform of the amount in dispute will shift masses of proceedings from the regional courts to the local courts. Sounds like a relief – but will have the opposite effect.

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Judge's gavel. Symbol for jurisdiction. Law concept a wooden judges gavel on table in a courtroom
Commercial law

Breach of an international jurisdiction agreement can result in liability for damages! – On the ruling of the BGH from 17.10.2019 (Ref. III ZR 42/19)

International agreements on jurisdiction, especially if they are to have exclusive validity, generally have the purpose of protecting the party benefiting from the agreement from the often very considerable costs of a legal dispute in a foreign country.

Unfortunately, however, it is not uncommon for the other contracting party to suddenly no longer want to know about the jurisdiction agreement in the event of a dispute. The background to such a dishonest approach is – obviously – not least the potential for blackmail associated with such an approach. This is because the party that finds itself – in breach of the jurisdiction agreement – exposed to a foreign lawsuit is regularly forced to take action abroad through lawyers in order to avoid legal disadvantages. This in turn is often very expensive, with the USA being the most prominent example.

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