Litigation & International legal proceedings
The service of documents plays an overriding role in court proceedings and has far-reaching legal consequences for the addressee.
The experienced attorneys of ILE examine and ensure proper service of the relevant document from or abroad. They also check for you whether you have been served a foreign document in violation of mandatory service regulations.
Special regulations are followed by the delivery, which must be made abroad. This is based in particular on existing international agreements which are intended to facilitate the service of judicial and extrajudicial documents. Within the European Union, the right of cross-border service of judicial and extrajudicial documents is governed by European law.
Cross-border service of documents, for example between Germany and the USA or Germany and Australia, is provided for Member States in the Hague Convention on the Service of Judicial and Extrajudicial Documents Abroad in Civil or Commercial Matters.
In such a case you should have the existing legal possibilities examined by an experienced lawyer of ILE.
The lawyers of ILE advise and represent national and international clients comprehensively in the areas of arbitration and national and international arbitration proceedings. This includes the drafting of arbitration agreements, alternative dispute resolution and conflict management. The experienced lawyers of ILE are familiar with the respective arbitration rules, e.g. the International Chamber of Commerce ICC.
Enforcement of foreign judgments
The power of the courts ends, as does the power of the state at the respective state borders. In order to help the creditors of foreign debtors to enforce their claims, however, there is no uniform procedure.
Accordingly, there are different procedures for enforcing a foreign court decision in Germany. Although foreign judgments are generally recognised in Germany, this does not mean that they have the same effects as a German judgment.
Whether the judgment is also declared enforceable in Germany depends on whether the conditions for recognition of the judgment are met within Germany. Germany maintains intergovernmental agreements with most countries. The European Union has regulations to facilitate the enforcement of judgments.
According to the German Code of Procedure, domestic enforcement of an instrument from a state which does not fall within the scope of an international convention or a European regulation can only be carried out in Germany if enforcement has been declared admissible or if corresponding contractual relations exist.