Law firm for Economic Law and International Transactions
Litigation
Arbitration
Conducting Litigation and Arbitration proceedings in Germany and Abroad
Litigation - Arbitration
Conflicts cannot always be solved through friendly negotiations. Sometimes there is no other option than fililing a lawsuit to pursue your claims.
Or - vice-versa - you are faced with a lawsuit and you have to defend yourself against claims of others, be they justified or unjustified.
This applies equally to legal proceedings in foreign countries. Foreign countries might have different customs and conventions when it come to dispute resolution, but as a last resort, also in far away countries, the only option might remain to file a lawsuit in order to assert your claims.
When doing business abroad in certain cases it can make sense to agree on arbitration proceedings instead of the local courts. Well-known arbitration institutions can provide reliable and independent solutions for conflicts with foreign business partners.
We can advice you in choosing the competent local courts in international disputes and prepare litigation strategies for your legal case.
In the event the competent courts are situated in Germany we can represent you at the local courts.
In case the competent court is situated in another country we will arrange an experienced local lawyer for you and support you by coordinating and supervising your case.
We have a extensive network of experienced local law firms as cooperation lawyers in our portfolio.
We can also advise and support you in your recognition and enforcement proceedings of your foreign court decision or arbitral award.
In case of arbitration proceedings we can represent you at the chosen arbitration body. Dr. Martin Seybold has extensive experience in arbitration proceedings in China and ASEAN. We can basically represent you in any arbitration proceeding worldwide. In the event that local rules require local lawyers, we organize an experienced local lawyer for you, and support and advise you during the entire proceedings.
China and ASEAN
Consulting in international trade and foreign direct investments in China and ASEAN Region
Asia Business
For more than 20 years Dr. Martin Seybold advises German and foreign companies and investors in doing business in Mainland China, Hongkong and Taiwan, as well as in the ASEAN region, in particular Vietnam, Singapore, Thailand and Indonesia.
Legal advise regarding local laws is provided by our network of local cooperation lawyers with whom we are working together since many years.
Our legal expertise in Asia lies in the establishment of local subsidiaries and Joint Ventures, corporate transactions and restructurings, drafting of cross-border commercial contracts, local labor law, and the protection of intellectual property rights of our clients.
We structure distribution channels and draft tailor-made commercial contracts for your China and ASEAN region business.
We support you preparing your company acquisitions abroad by conducting legal Due Diligences.
We advise foreign stakeholders and managers on compliance issues and local management liabilities.
We provide support in resolving disputes with local business partners and trouble shooting with local authorities. We support and mediate in the search for solutions with the authorities and local business partners.
Where necessary, we conduct court and arbitration proceedings for you, and coordinate the representation by our local cooperation lawyers at the local authorities and local courts.
More about our consulting services in China related matters you will find here ...
More about our consulting services in the ASEAN region you will find here ...
Regulatory
Consulting enterprises in regulatory matters, such as data protection, money laundry, whistle blowing etc.
Regulatory
Companies and Investors have to deal with more and more new regulations, both in Germany and when doing international business.
As examples just take data protection, consumer protection, product safety, whistleblower protection, money laundering and the Supply Chain Protection Act. Non-compliance with such regulatory in general results in fines. In addition, the management may be held responsible by the authorities on national as well as EU level.
All regulatory for enterprises require a thorough analysis of their applicability to your own business, the implementation of internal processes and the deployment and training of human resources for their execution.
As a result of the ongoing increase of regulatory for enterprises, businesses are distracted from their actual operational business, additional costs for increased personnel requirements and administrative tasks needs to be allocated, and the adaption to unknown regulations is required.
We provide advice and support on all regulatory and administrative requirements for your company, in order to let you concentrate on your core business.
Employment
Consulting and legal representation in labour law matters, international "expat-contracts"
Employment Matters
While in general the labour laws and regulations of the country where the employee is employed applies, basically in all countries labour law is a quite limited and manageable area of the law. Mostly it is about conclusion of individual labour contracts, the rights and obligations of the employee and the employer out of a labour relation, and the unilateral termination or mutual dissolution of a labour contract - so far so good.
Labour relationships are getting far more complicated in case a company dispatches employees to abroad, or in case a Company wants to hire local staff abroad. In these cases in addition to local labour regulations further legal questions regarding international labour laws arise.
Secondments of employees to foreign countries often require a whole bunch of Contracts and Agreements with the employee. In case of termination of a dispatchment or secondment contract, this does not necessarily mean that the whole labour relationship with the employer is dissolved – quite often the employee just “falls back” to the labor relationship he had before secondment to abroad. Therefore the termination of the entire labor relationship can trigger quite complicated questions regarding severance payments, the applicable law, as well as the requirements to terminate the entire labour relationship.
We advise and represent you in labor court disputes before the German labor courts.
We advise and support you in drafting and structuring international labour relationships and expat-deployments. In case the laws and regulations of a foreign country is applicable we will organize the required legal expertise through our network of local cooperation lawyers.
We also advise you in the termination and dissolution of complex secondments and expat-deployments, in Germany and abroad.
Especially, in case of labour law disputes in China and the ASEAN region we can advise and represent you at the local labour courts through our local cooperation lawyers.
International Transactions
Advise and support for investments and business transactions in Germany and abroad
International Transactions
International business transactions need to be prepared thoroughly by conducting a professional Due Diligence, and by a finding a suitable legal structuring in order to successfully enforce the transaction.
For the appropriate structuring of your investment project within the EU, there is a wide range of structuring options for company formations, company acquisitions and restructurings. Outside the EU, it depends on the investment and transaction regulations of the respective country, which determine the incentives and the risks of a business transaction of a foreign investor.
We advise and support your investments and transactions in Germany and abroad.
Especially for China and the countries of the ASEAN region we bring along a extensive expertise in the area of foreign investments and local market entry of foreign enterprises.
With our long-standing network of local cooperation lawyers in China and the countries of the ASEAN region, we can take all the necessary steps for your investment and transaction projects locally on site. Be that by conducting a Due Diligence, through the acquisition of a local company, or the establishment and registration of a foreign-invested subsidiary or joint venture.
Legal Opinion
Legal expert opinions in cross border matters and international legal issues
Legal Opinions and Statements
As the case might be companies, public authorities and courts might require a legal expert opinion or statement on a specific legal question or legal matter, in order to be able to make a well-founded decision, especially when it comes to foreign legal issues and international matters.
This also applies to foreign companies, courts and authorities when it comes legal questions and legal matters in Germany.
For companies this can be legal opinions and legal statements on new local projects or special legal issues in order to have conducted a reliable assessment before making management decisions.
Court proceedings sometimes require formal legal opinions on specific questions of foreign law, whereas decisions by authorities sometimes require a formal confirmatory legal statement regarding a specific foreign law.
Within all areas of our national and international legal expertise, we can provide legal expert opinions in order to provide a well-founded legal statement for your required decision makings.
