In private and business life, cross-border contacts and relationships are commonplace. In the event of legal disputes, international procedural law plays an important role.
Which international court is responsible for resolving legal disputes is regulated in international civil procedure law. Various EU regulations have increasingly unified international civil procedure law. In cross-border business relationships, business partners also have the option to contractually determine which court should have jurisdiction. However, such an agreement must meet various formal requirements to be valid, explains the economic law firm MTR Rechtsanwälte.
The European regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, known as the Brussels Ia regulation, came into force in 2015. The regulation governs the international jurisdiction of courts within the European Union, as well as the recognition and enforcement of civil and commercial matters in cross-border disputes.
A central issue in cross-border disputes is the timely delivery of documents. The receipt of the document regularly triggers important deadlines that can be crucial for the further conduct of the proceedings. It also provides the other party with the opportunity to respond. The timely delivery of the documents can also be crucial for the effectiveness of a judicial decision and the resulting legal consequences. Therefore, it is essential to be able to prove that the recipient has indeed received the documents. The delivery of the documents is therefore carried out according to different international agreements.
International procedural law is becoming increasingly important in the context of advancing globalization. Therefore, the different legal regulations in individual states must be considered when concluding contracts. This is especially true for business contracts, but also for corporate statutes or in family law and inheritance law, for example, in marriage contracts, wills, or inheritance contracts.
The Corona pandemic and international political conflicts have shown that international contractual obligations cannot always be met. As a result, an increase in cross-border legal disputes is to be expected, and international procedural law is gaining in importance. Lawyers experienced in international procedural law provide advice.
