Conflicts in commercial and distribution law take place between companies, i.e. in B2B relationships. They are often characterised by internationality. This results in special features for litigation, as international jurisdiction is often in question. The applicable law in such contractual relationships is also not always easy to determine. The “battle of forms” often plays a role, especially in supply relationships.
Commercial litigation can involve claims arising from sales contracts. It may concern warranties for defects under contracts that are governed by the often unknown UN Convention on Contracts for the International Sale of Goods, or it may concern the enforcement of payment claims. It may also concern claims arising from distribution contracts. A classic case is the enforcement or defence of compensation claims in authorised dealer or commercial agency agreements.
The procedural enforcement or defence of claims in commercial and distribution law is strategic. Litigation risks must be weighed up and the costs and effort of the proceedings must be weighed against the prospects of success. The enforcement of claims must also be considered from the outset, as a claim on paper is worth nothing.
