What legal steps can I take to address international contract violations?
January 7, 2023 | 60,00 EUR | answered by Albrecht Zellmann
Dear Attorney,
My name is Erwin Rosenblatt and I work as the managing director of a small internationally operating company. In recent months, we have noticed an increase in contract breaches by some of our international partners. These breaches have led to significant financial losses for our company, and we are concerned about the impact on our business relationships.
We have already tried to negotiate with the affected partners to find a solution, but without success. Now we are wondering what legal steps we can take to address these international contract breaches.
Our main concern is that we do not have a legal basis to address the breaches and that we will continue to suffer financial losses as a result. We would like to know from you what legal steps we can take to protect our interests and address the contract breaches of our international partners.
We would appreciate a detailed consultation on this matter and ask for your support in clarifying these legal issues. Thank you in advance.
Sincerely,
Erwin Rosenblatt
Dear Mr. Rosenblatt,
Thank you for your inquiry and your trust in my expertise in the field of International Law. I am sorry to hear that your company has been affected by contract breaches by your international partners, resulting in significant financial losses. It is understandable that you are concerned about the impact on your business relationships and are seeking legal options to address these contract breaches.
First and foremost, it is important to determine which law applies to the contract breaches. In international business relationships, the UN Convention on Contracts for the International Sale of Goods (CISG) is often applicable unless the parties have expressly opted out of it. The CISG governs the formation and performance of international sales contracts and includes provisions on liability for contract breaches.
If your partners have breached contractual agreements, you have various legal options available to you. You can first try to reach an out-of-court settlement by contacting the partners again and highlighting the contract breaches. You can also set a deadline for rectifying the defects during this process.
If an out-of-court settlement is not possible or unsuccessful, you may consider taking legal action. Depending on which law applies to the contract, you can file a lawsuit before a national court or an international arbitration tribunal. It is important to seek legal advice from a lawyer with expertise in International Law to best represent your interests.
You may also have the option to claim damages to compensate for the financial losses incurred due to the contract breaches. It is important to accurately quantify the amount of damages and provide appropriate evidence.
I strongly recommend that you consult a lawyer promptly to assess your legal options in the specific case and develop a strategy to enforce your claims.
I hope this information has been helpful to you and I am available to answer any further questions.
Best regards,
Albrecht Zellmann
