Authors

Dr. Martin Rothermel

Partner

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Dr. Peter Hofbauer

Partner

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Dr. Gregor Staechelin

Partner

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Dr. Julia Wulf

Partner

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Dr. Benedikt Rohrßen

Partner

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Dr. Michael Kieffer

Salary partner

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Dr. Sonja Ackermann, M.Jur. (Oxford)

Salary partner

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Arno Maria Gotting, M.A., LL.M. (King’s College London)

Salary partner

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Sebastian Rünz, LL.M. (Toronto)

Senior associate

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Stella Weingärtner, LL.M., (King's College London), Maître en Droit (Lyon II)

Senior associate

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Jennifer Pohl

Associate

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Michael Wietzorek

Associate

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Giorgia Carandente, LL.M. Eur.

Associate

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Dr. Ulrich Spiegel

Associate

Read More
Authors

Dr. Martin Rothermel

Partner

Read More

Dr. Peter Hofbauer

Partner

Read More

Dr. Gregor Staechelin

Partner

Read More

Dr. Julia Wulf

Partner

Read More

Dr. Benedikt Rohrßen

Partner

Read More

Dr. Michael Kieffer

Salary partner

Read More

Dr. Sonja Ackermann, M.Jur. (Oxford)

Salary partner

Read More

Arno Maria Gotting, M.A., LL.M. (King’s College London)

Salary partner

Read More

Sebastian Rünz, LL.M. (Toronto)

Senior associate

Read More

Stella Weingärtner, LL.M., (King's College London), Maître en Droit (Lyon II)

Senior associate

Read More

Jennifer Pohl

Associate

Read More

Michael Wietzorek

Associate

Read More

Giorgia Carandente, LL.M. Eur.

Associate

Read More

Dr. Ulrich Spiegel

Associate

Read More

4 March 2021

Guideline - Liabilities and Indemnities under German Law

  • In-depth analysis

Love it, change it or leave it – find YOUR LAW

Under German law limitation/exclusion of liability clauses respectively indemnity clauses require an individual agreement (no general terms and conditions (“GTC”) or standard agreements with contract terms pre-formulated for more than two contracts). 

There is more freedom of contract in CISG (UN Convention on International Sale of Goods) or Common law or Swiss law. Therefore, for cross-border businesses respectively international agreements it might be considered to choose another law than German law. But even in national agreements it might be worth considering an escape from German law in standard agreements and GTC.

See Martin Rothermel’s very helpful 2nd Edition of the publication on International Purchases, Deliveries and Distribution: It contains compact information and considerations on international purchase, supply and distribution contracts (choice of law and jurisdiction or arbitration, German law - CISG - Swiss law - Common law in comparison (with a very helpful spreadsheet table on similarities and differences in contract structure comprising over 80 topics), internationally mandatory provisions in distribution in more than 50 regions and countries, retention of title provisions and validity of consignment agreements in more than 75 countries, basics of antitrust law for vertical agreements in the EU and more than 10 other countries, comments on Incoterms®2020). The book also contains a spreadsheet overview of content, similarities and differences in 12 well known arbitration rules of international arbitration institutions as alternatives for state courts. Moreover the Book provides an update on the Brexit consequences and other international free trade agreements that were signed in 2020 in large scale (creating the two biggest free trade zones in the world).

Click here for the Guidline (PDF download)

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