Commercial law / International trade

LEBUHN & PUCHTA provides comprehensive assistance to its clients on all issues of commercial law and international trade. The firm acts for German clients involved in international transactions and for non-German clients active in Germany.

The firm focuses in particular on the international sale and supply of goods, project and machinery contracts, distribution (commercial agency agreements, solus agreements and franchises), banking and finance issues, the review and drafting of general terms of business. The firm provides not only legal advice to its clients, but also represents its clients in court or arbitration when issues are contentious.

Selected Cases

  • We have acted for a Dutch trading house dealing in organic products in a warranty claim under a sales contract for a cocoa production chain.
  • We have advised a purchaser of cargo under switch bills of lading on its rights to reject the cargo and the documents in the face of the refusal of the shipowner to discharge due to the insolvency of the intermediate charterer, and the effect on the cargo insurance of the delay caused by owners’ refusal to discharge.
  • We have advised a trading house on its rights to reject the documents under the sale contract in circumstances where an insufficient quantity of cargo had been shipped, and on whether a variation of the contractual payment terms had been agreed and its effect on the seller’s right to terminate the contract due to non-payment.
  • We have acted for a client in defending a claim for damages following from a withdrawal of the official certification of its product as organic food.
  • We have advised a client in setting up a shipping line in Germany, including with regard to choice of flag, administrative certification requirements and port facility agreements.
  • We have taken part in due diligence exercises for banks in respect of various trades including the oil trade, coal trade, gas trade, copper trade, non-ferrous metals trade, scrap trade.
  • We have advised banks seeking to put in place a legal arrangement whereby goods stored in Germany can be used as security for credit facilities.
  • We have advised bunker traders in relation to their general terms and conditions and on the effect of choice of law and jurisdiction provisions on the recognition of foreign maritime liens.