Switzerland

Our law firm specializes in international commercial law. In doing so, we are one of the few German commercial law firms that not only employs German and French-speaking advisors and is also represented locally in Switzerland.

We advise German and Swiss clients on international contracts

Switzerland has been one of the most interesting economies in the world for years. With the world’s second-best gross domestic product per capita, our neighbour to the south should not be underestimated. Political stability, attractive living conditions and the accommodating tax system make Switzerland an interesting business location, especially for small and medium-sized enterprises. Our law firm specialises in international commercial law. We are one of the few German commercial law firms that not only employs German and French-speaking advisors but is also locally represented in Switzerland. The team from Kreuzlingen is led by Jan Christoph Harder. We advise both German and Swiss clients from the SME sector who want to invest as well as carry out projects in Switzerland or Germany.

In addition to in-depth knowledge of the economic system in Switzerland, Mr. Harder has excellent knowledge of the railway industry and sustainable business practices. He regularly speaks at international industry conferences and publishes on these topics.

When drafting investment contracts in Germany and Switzerland, two legal systems meet (regardless of the sector). The parties are often not familiar with the legal systems in the necessary depth, although this is necessary here.

It is therefore particularly important that you seek advice from a team that is well versed not only in the German legal system but also in the Swiss legal system. We are highly qualified experts who can assist you in drafting and negotiating contracts as well as support you in the area of conflict resolution (arbitration and court).

Contract management: We optimise international contracts

We aim to identify problems at an early stage and solve them in advance. Especially with international contracts and in project management, it is important to be able to act and react quickly. Our experienced team supports you in all aspects of contract management.

Through our locations in the heart of Berlin as well as in the centre of Paris and Switzerland, we are always happy to advise you on site or discuss the status of your projects via video conference. We are in constant contact with important organisations such as embassies and foreign chambers of commerce. The aim of contract management is to minimise legal risks and maximise profitability.

In addition to contract management, claims management is also one of our areas of expertise. We try to enforce our clients’ claims and defend against opposing ones. Our focus is on the best possible representation of your interests.

International arbitration for rapid conflict resolution

Even the careful preparation of projects and contracts cannot always prevent conflicts from arising. Here, of course, we stand by your side and take over your representation in court or before an arbitration tribunal. Before that, however, we try to find a constructive out-of-court solution. We represent your interests vis-à-vis the other party and at the same time try to avoid a legal dispute. Should it come to that, however, we will of course represent you competently and personally before the court or arbitration tribunal in Germany or Switzerland. Our team also consists of lawyers who are admitted to the bar in Switzerland, so that we can represent you directly in court without the intervention of a third-party law firm. This saves time and money and enables us to represent your interests in the best possible way.

In the case of international arbitration, we have experience in proceedings under both international (e.g. ICC) and local arbitration rules (e.g. DIS) as well as investment disputes (ICSID).

Detailed advice on agency contracts

Agency contracts have become an integral part of cross-border trade. However, clients from Germany cannot rely on the automatic validity of German laws. Therefore, comprehensive knowledge of German, Swiss and international law is required here as well. In addition, such cross-border trade requires the drafting of agency agreements, also known as international distribution agreements. Our team of highly qualified experts will be happy to advise you fully on this matter and will work to represent your interests in the best possible way.

Project financing with a special focus on economic efficiency

Project financing is a prerequisite for the realisation of any project. Our team of experienced experts accompanies you in the evaluation, structuring and negotiation of these financing agreements, never losing sight of economic efficiency. Thanks to their in-depth knowledge of German and Swiss law, but also of industry and economics, our lawyers will consider all legal issues from the perspective of economic efficiency. Since each country has its own legal and financial culture, we will take this into account when drafting or analysing the financing agreements.

Company formation in Switzerland: We advise you in detail

Switzerland and Germany are connected by more than just a border. We are also closely linked economically. For this reason, many of our clients seek to establish a company in Switzerland. The attractive tax conditions in particular make Switzerland an interesting location for many small and medium-sized enterprises. In the case of a planned company formation in Switzerland, German legal experience can only be of limited help. Comprehensive and in-depth knowledge of Swiss law and jurisdiction is necessary if your company formation is to be successful.

We are happy to provide you with comprehensive advice in this matter. Our clients can be assured, that they will receive high-quality  counseling, as our team consists of lawyers who are admitted to the bar in Switzerland, have worked in Switzerland for a long time and are familiar with the Swiss legal system. In addition, our Swiss-German team of lawyers has in-depth knowledge of Swiss industry and business. We are also very familiar with the economic systems of neighbouring countries such as Austria or France. We do not, as is usually the case, work with Swiss, third-party law firms. This means that our clients always have the same contact person and the decision-making channels are short and effective. In this way, unnecessary costs for you can also be avoided.

Questions

German or Swiss law does not automatically apply to a cross-border contract. The parties can agree in advance which law the contract should be based on. This can be German, Swiss or international commercial law. In the case of sales contracts, for example, the international sales contract according to UN sales law can also be used.
We are a competent law firm active in the field of international business law. We hire lawyers who have undergone their training in France and / or have practiced there for several years. They know the Swiss legal system very well, as well as the mentality of the Swiss. In addition, we have already worked in various industries and projects. This extensive knowledge is a great advantage in negotiations.
If you not only want to conclude contracts with a Swiss company, but also want to set up a company in Switzerland, there are several things you need to consider. Thanks to our many years of experience in Switzerland and our in-depth knowledge of Swiss law and business, our lawyers can provide you with detailed and competent advice should you decide to take this step.

Team

Partner
Andreas Scherdel advises on project contracts, corporate law, commercial contracts and claims and risk management as well as accounting and tax aspects with particular focus on the construction, infrastructure and energy industries.
Of Counsel
Jan Harder is specialized in international business ventures, mergers & acquisitions, and infrastructure projects with a focus on mobility and project/export finance as well as strategic legal advice and interim management.