commercial & contracts bodenheimer herzberg legal

Contracts with state entities and/or intergovernmental organisations feature specific characteristics. The procurement process must comply with administrative law requirements. Even after a contract has been awarded, it may be subject to specific rules, both substantively, and in terms of dispute resolution.

Contracts with intergovernmental and supranational organisations may not be subject to any specific national law but to generally recognised principles of international law.

In contracts with both state entities and intergovernmental organisations businesses will often expect sovereign immunity waivers, to ensure that judgments and/or awards obtained can also be enforced. The extent to which the counterparties are prepared to accord such waivers varies from case to case.

BODENHEIMER Representative Matters as Parties’ Counsel

Represented a German defense contractor in a dispute before the German state courts against a U.S. supplier in a CISG litigation, revolving around the cancellation of a contract for the supply of military equipment, for the use of a NATO Member State

Represented a financial consultant in proceedings before the German state courts on commission claims against a German state-owned holding company pertaining to the negotiation of an investment in Southeast Easia

Represented a consultancy company in an annulment action against the European Commission before the General Court of the European Union and the Court of Justice of the European Union in a matter revolving around an interference of the European Commission with a contract concluded by the client with a third party

Represented a European environmental consulting company in conciliation under the UNCITRAL Conciliation Rules, in a contract dispute against an Executive Board of the United Nations General Assembly