Commercial

Legal certainty for strong business success

In the commercial sector, legally secure contracts and well-considered agreements are key to success. We advise companies on all legal aspects of operational business. Our focus is on the legally sound drafting and review of contracts – particularly in complex supply chain relationships, plant engineering, collaboration, research and development agreements, as well as commercial and distribution law. We don’t just think along with you – we anticipate challenges and opportunities.

Our experienced litigation and arbitration expertise supports companies in court proceedings as well as in national and international arbitration – consistently, strategically, and assertively. Benefit from tailor-made commercial legal advice and discover how we can sustainably strengthen your legal certainty in operational business and strategically enhance your competitive edge.

Consulting services in detail

Operational contracts and product liability

Complex supply chain relationships and contracts

Drafting of legally crtain and compliant domestic and international supply and procurement agreements
Advice on cooperation agreements and joint ventures
Drafting and reviewing OEM contracts
Structuring of research and development agreements
Protection of business secrets through bespoke confidentiality agreements
Ensuring quality standards through quality assurance agreements

General terms and conditions (GTC)

Legally certain and compliant drafting and regular review of GTC
Monitoring the legal validity of GTC and ensuring adaption to and compliance with current legislation

International legal frameworks

Integration of Incoterms
Legal advice on the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG)

Distribution law

Commercial agent agreements
Authorised dealer agreements
Reseller agreements
Franchise agreements
Selective distribution systems
Distribution antitrust law
Assertion and defence of compensation claims under commercial agent and authorised dealer agreements

Product liability

Support in developing measures to ensure quality standards
Providing guidance on insurance-related questions
Assistance in drafting legally compliant user manuals
Contract drafting to mitigate product liability risks
Advice in crisis situations and product recalls
Defence against product liability claims

Plant construction

Project preparation – legal advice for your construction project

Legal support for land acquisition and permitting procedures
Conducting comprehensive due diligence to minimise risks in property purchases and investments
Assistance with financing matters and project security
Advice on public procurement law and, where applicable, state aid law

Project execution legally – compliant implementation

Advice on the conclusion of domestic and cross-border construction contracts, project operator agreements, and joint venture agreements for international projects
Support in the implementation and operation of plant projects and in drafting quality assurance agreements
Drafting of software contracts for the control and management of complex plants
Guidance on financing matters and securing payment claims through letters of credit

Litigation

Pre-litigation strategic advice

Advising domestic and international clients in the lead-up to legal disputes, including strategic pre-litigation guidance
Efficient case monitoring (e.g., in multi-party proceedings)
Advice on contract negotiations and selection of the most favorable courts or arbitration forums, with a focus on enforceability of judgments and applicable law

Litigation

Representation before all ordinary courts in Germany, including labor, tax, and administrative courts
Support in international disputes, if necessary involving our network of international partners
Enforcement of judgments domestically and abroad

Arbitration

Representation before national and international arbitral tribunals
Acting as arbitrator in national and international arbitration proceedings
Conducting arbitration proceedings before renowned institutions, e.g., ICC and London Court of Arbitration
Enforcement of arbitral awards domestically and internationally

Complex litigation

Structuring and managing mass proceedings, such as model declaratory actions, as well as liability and warranty claims
Use of modern IT-supported tools for efficient handling of large-scale litigation
Alternative dispute resolution in complex cases for fast and cost-effective solutions

Culture and creative industries law

Establishment and structuring of institutions

Founding of cultural institutions, foundations, associations, and companies
Advice on non-profit status and legal requirements under foundation and association law

Protection of intellectual property and creative works

Copyright, licensing, design rights, and competition law
Advice on intellectual property for artists, influencers, and creatives

Media and press law

Advice on press and freedom of expression law and protection of media rights
Legal support for the publication and distribution of content

Tax optimization and succession planning

Tax-optimized structuring for artists and creatives
Succession planning under inheritance and estate tax law

Art trade and restitution

Advice on art trading, particularly regarding looted and stolen art
Restitution law and cultural property protection

Contract drafting and dispute resolution

Drafting and review of loan, transfer, and exhibition agreements
Representation in disputes, particularly in restitution cases and cultural property conflicts

Your contacts

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Rankings and awards

JUVE Guide 2025/2026

ESCHE is listed as one of the leading law firms in Northern Germany and Dr Andreas von Criegern is among the most frequently recommended lawyers in the field of litigation.

brand eins 2025

ESCHE is repeatedly recognised by brand eins as one of Germany’s leading commercial law firms.

JUVE Guide 2024/2025

ESCHE is listed as one of Northern Germany’s top law firms.

Our areas of expertise

Tax Consultancy

Auditing Services

Integrated Consulting