Practical Insights

Practical insights for the moments when contracts meet reality.

Contracts often reveal their true character only when a conflict arises. What may look balanced on paper can shift significantly under pressure, often to the disadvantage of the party that overlooked or misjudged a legal or commercial risk.

The articles on this page are based on my daily work in contract design and litigation. A particular focus is on mechanical and plant engineering. In this sector, legal risks often become especially visible: in complex project chains, cross-border contractual relationships and disputes with substantial economic consequences.

The articles address questions that arise again and again in practice: Where are the legal breaking points of a contract? When do they become dangerous in the course of a project? And what can be done before commercial tension turns into litigation?

Each article combines legal substance with the perspective of a lawyer who does not only draft and review contracts, but also conducts the disputes that arise from them.

These articles cannot replace individual legal advice. They do, however, show what matters in practice and where contracts, projects and conflicts should be examined more closely.

LATEST ARTICLES

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Commercial law

The action for a negative declaratory judgment to prevent a foreign action

If a dispute arises with a foreign business partner, e.g. regarding alleged claims arising from a contract, it is advisable from the point of view of the German contracting party to think about possible procedural scenarios at an early stage in case an agreement fails. If, contrary to the agreements made, it is to be expected that the foreign partner intends to file a lawsuit in the home country, you should immediately consider filing a preventive so-called negative declaratory action at the agreed German place of jurisdiction.

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BGH NEWS

Find out about the latest case law of the Federal Court of Justice here

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