In private and business life, cross-border contacts and relationships are commonplace. When legal disputes arise, international procedural law plays an important role.
Which international court is responsible for clarifying disputes is regulated in international civil procedure law. Various EU regulations have increasingly standardized international civil procedure law. In cross-border business relationships, business partners also have the option to contractually agree on which court should have jurisdiction. Such an agreement must meet various formal requirements to be valid, explains the commercial 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. Important deadlines are regularly triggered upon receipt of the document, which can be decisive for further legal proceedings. In addition, the other party is given the opportunity to respond. The timely service of documents can also be crucial to the validity of a judicial decision and the resulting legal consequences. Therefore, it is essential to be able to prove that the recipient has received the documents. The service of documents is carried out according to different international agreements.
In the course of advancing globalization, international procedural law plays an increasingly important role. Therefore, the different legal regulations in individual states must be taken into account when concluding contracts. This applies particularly to business contracts as well as corporate statutes or in family and inheritance law, e.g., in marriage contracts, wills, or inheritance contracts.
The corona pandemic and international political conflicts have shown that international contractual obligations cannot always be fulfilled. This is likely to lead to an increase in cross-border legal disputes, and international procedural law is gaining increasing importance. Experienced attorneys in international procedural law provide advice.
