Commercial and Distribution

Commercial Law

Commercial transactions and distribution law (commercial agents, authorized dealers and franchise law) included United Nations Convention on Contracts for the International Sale of Goods (CISG, "Wiener Kaufrecht") are of particular importance in this respect. Our commercial law experts draft and structure all types of the usual commercial agreements and represent our clients both in regular court and in dispute resolution proceedings. Our international partner firms support the international business of our clients.

We do not treat commercial law as "just another" branch of law. Both our specialization and our expertise give us the necessary know-how to resolve our clients' problems efficiently. As a matter of fact, many of our clients have been relying on our expertise for years or even decades.

We have excellent contacts with the main commercial associations and chambers. We cooperate particularly closely with AGA Unternehmensverband Großhandel, Außenhandel, Dienstleistung e.V., an association of more than 3,000 companies (most of them medium-sized) from the five German coastal states (www.aga.de). In particular, we advise its members on legal matters outside labor law.

Distribution Law

Distribution law is deals with the distribution of goods and services and regulates the organization of distribution. The advice of SKW Schwarz centers on the relationships between companies and commercial agents (commercial agency law) or brokers, between producers or suppliers and authorized dealers and franchisor and franchisee. Since we act for both principals and agents, we can assess any problems from both perspectives.
We support our clients comprehensively in all issues concerning the set-up and structure of their sales organization at both the national and international level. SKW Schwarz gives advice on the selection and conception of distribution systems, on distribution agreements and on the establishment of distribution companies. We deal with all legal questions arising from the selected structure, for example concerning competition and antitrust law, corporate law and labor law.

We also support our clients in their day-to-day distribution activities. For example, we advise them on designing their pricing and advertisement policy or in formulating and enforcing their General Terms and Conditions. If disputes arise between the sales partners, for example about compensation payments for the termination of a contract, we represent our clients both in and outside court. 

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