Global trade
WSCO has extensive experience in advising on global trade matters.
Global contracts on the sale of goods or products or the delivery of services give rise to particular issues concerning the application of foreign law, contract negotiation and drafting, Incoterms, choice of law, import and export duties, sanctions, embargo regulations and insurance. With our experience, we can quickly evaluate the factual circumstances and the legal strengths and weaknesses of our client’s position.
We assist in:
- Global sales of goods and products.
- Contract negotiations and drafting.
- Incoterms.
- Agent and distribution agreements.
- Letters of credit.
- International litigation.
- International enforcement of judgments.
- Insurance.
Our aim is not only to ensure a legally correct, but also a commercial good solution that takes into account the value of all our client’s business.
We have in-depth knowledge about jurisdiction, choice of law and interpretation of international conventions. Our partners and attorneys write articles for legal periodicals and books and speak at conferences and seminars on private international law issues in Denmark and abroad.
We safeguard our clients’ interests abroad through our close relations with law firms in other countries. At short notice we can ensure direct access to first-class legal assistance in many parts of the world.
Our clients include Danish and foreign trading houses, industrial companies, brokers, distributors and financial institutions.
Contracts
WSCO advises Danish and international corporations regarding international and global contracts and transactions.
We work in all important markets, including Scandinavia, EU and the rest of Europe, but also in North America, Japan and China and the rest of Asia. For many years the firm’s lawyers have also assisted in connection with legal matters in trade and establishments in “emerging markets” such as Brazil, Vietnam, South Africa, India and Russia.
Our work in global trade encompasses in particular a multitude of contract types and other legal assistance in connection with:
- Purchase, sales, import and export agreements
- Project regarding production facilities
- Development and establishment projects
- Investment and financing
- Financial security and export credit
- Export controls
- Anti-bribery, programs and implementation
- Trade sanctions
Our lawyers are experienced in all types of international standard contracts such as FIDIC, NLM as well as the INCOTERMS delivery terms. We also regularly advise our clients regarding international trade law such as CISG.
We also safeguard our clients’ positions in global supply chains and international logistics by advising our clients within transportation law.
Debt recovery
A judgment without subsequent enforcement is of no value.
When assessing a case Windahl Sandroos & Co. therefore always considers the likelihood of our counterparty’s default or non-payment.
We represent creditors before the Danish Courts in restructuring and bankruptcy proceedings. We assess the possibility of obtaining a privileged position to the assets of the estate and advise our clients about their rights as concern the retention of goods, money or services, regardless of whether these rights are based on the law, pledged security, a maritime lien or agreed documents, such as NSAB2000.
The firm’s attorneys have advised clients on the retention of goods and services of a very diverse nature, such as data, international data transmission, public concerts, perishable goods and utilities.
We encourage our clients to monitor their debt and to call us immediately if there is any doubt about a customer’s ability to pay. Together we can then assess how to apply the best legal and commercial pressure on the customer to secure payment.
We have extensive experience giving advice to debt collection companies, and we know how to recover debts. We know what works; we have avoided unnecessary costs that others have incurred, and we have achieved results where others have given up.
Non-performance and liability
The transport of goods often results in damage to the goods. However, this does not necessarily entail a breach of contract, as this depends on a wide range of factual and legal facts being established by attoneys with special expertise and experience.
The firm’s attorneys have extensive experience in global trade and transport. We can advise clients on when the risk passes from seller to buyer, when and how a defect will legally be deemed to have occurred, if there is non-performance, and the legal and commercially most relevant remedy. By virtue of our significant litigation experience, we can evaluate evidence and help establish a claim for compensation.
Windahl Sandroos & Co. has advised global trading companies in all industries from the automotive to the food industry, where contamination of a product can lead to serious product liability cases. We offer reliable advice in matters involving issues of product liability, damages, insurance coverage and any loss of good will from public exposure.
Our aim is always to secure the best commercial outcome for our clients. Together we determine the correct procedural strategy, and Windahl Sandroos & Co. sees it through.
Private international law
International treaties on jurisdiction, choice of law and the enforcement of international judgments, CISG and a wide range of internationally recognized standard terms make global disputes legally complex; this creates pitfalls and opportunities!
The outcome of a global dispute often depends on the country in which an action is to be brought, and the law applicable. However, it is often the case that the contract clause on jurisdiction, choice of law or arbitration is not binding on the parties. Windahl Sandroos & Co. can ensure that an uncertain wording of the clause, legal ambiguity or commercial interests are identified and utilized to secure the best outcome for our client.
Windahl Sandroos & Co. has extensive experience in assessing and interpreting arbitration clauses, enabling us to ensure that our client’s case be dealt with at the optimal legal venue. Arbitration of a dispute entails tactical and commercial advantages and disadvantages, which can be used to secure the best possible outcome with the right legal advice.