News on Foreign / International Law

Shut downs, interrupted supply chains and travel restrictions: production and on-time delivery of machines and plants have been encumbered, impeded or even rendered impossible during to the COVID-19 crisis.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) comes into force for the Principality of Liechtenstein on 01.05.2020.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) comes into force for the Democratic People's Republic of Korea on 01.04.2020.
In its judgment dated 17 October 2019 - III ZR 42/19 - the German Federal Supreme Court (Bundesgerichtshof) ruled that pursuant to § 280 I BGB, a party may be entitled to reimbursement of the costs for being sued in a foreign court (here: US District Court) in violation of an agreement of the exclusive place of jurisdiction in Germany.
Contracts with foreign contracting parties require a dispute settlement arrangement which may provide for the jurisdiction of a court of law, an arbitral tribunal or other out-of-court dispute settlement bodies.
Contracts with foreign contractual partners require a settlement of disputes; arbitral awards are now also recognised and enforceable in Papua New Guinea.
The Hague Conference (HCCH) adopted on 2 July 2019 a Convention on the Transnational Recognition and Enforcement of Judgments in Civil and Commercial Matters before Foreign Courts.
On 21 October 2019, a new extensively codified insolvency law will come into force in Ukraine.
By passing the law No 445 of 13 April 2019, the Danish legislator abolished the Iværksætterselskab (IVS), a Danish company form which could previously be established with a capital of only one krone.
The Netherlands becomes a new member to the group of countries that regulate the obligation of companies to respect human rights by law. The Dutch law may also apply to German companies.
The French legislator has reformed areas of French economic and competition law by means of Ordinance No. 2019-359 of 24 April 2019.
The revision of the Anti-Unfair Competition Act adopted by the 13th National Congress of the People's Republic of China on 23 April 2019 contains provisions designed to increase the protection of trade secrets.
The Government of the Hong Kong Special Administrative Region and the Supreme People's Court of the People's Republic of China signed an Agreement dated 2 April 2019 on the reciprocal facilitation of interim measures in arbitration.
The Hong Kong Centre of International Arbitration is the first international arbitration organization recommended by the Russian Council as a Permanent Arbitral Institution (PAI) under Russian law.
With the entry into force of the new Chinese Investment Law on 01.01.2020, there is a need for action for German companies in China. Companies and joint ventures will have to be restructured under the common Chinese company law.
Since 1 November 2018, the new version of the Arbitration Rules of the Hong Kong Centre of International Arbitration ("Administered Arbitration Rules") has been in force, which contains some important innovations.
The European umbrella organisation "Orgalim" (formerly "Orgalime") has published a new model contract.
At the end of 2018, the Austrian data protection authority had to decide whether a deletion request based on Art. 17 had been sufficiently implemented by the responsible party if the latter had not carried out a deletion in the narrower sense but had made parts of the personal data unrecognisable by anonymising them.
The Chinese Trademark Office (CTMO) made changes to the application process at the beginning of the year:
In the eagerly awaited decision of 22 January 2019, the highest American court ruled that so-called secret sales represent the state of the art under patent law.
RA Alexandre Ratiu, Mag. iur.
RA Alexandre Ratiu, Mag. iur.
Legal Counsel

Foreign Law, Europe, China CIS, Central and South America, Maghreb
+49 69 6603-1357
+49 69 6603-2357
RA Anette Binder, LL.M.
RA Anette Binder, LL.M.
Legal Counsel (Syndikusrechtsanwältin)

Foreign Law, Great Britain/USA, Asia, Middle East, Corporate Law, Anticorruption Compliance
+49 69 6603-1491
+49 69 6603-2491