Our practice group has a great deal of experience in negotiating and drawing up diverse commercial contracts. Documenting agreements is generally seen as a necessary evil. But we know from experience that it is not easy to produce an unambiguous record of the agreements made. A contract only comes to life if there are differences of opinion during the contract term or at the end of the term when the spoils have to be divided. Preparing a contract that anticipates all possible outcomes requires customisation. That is what our practice group is specialised in.
We are involved in the implementation of all of commercial relationships inextricably linked to doing business. Running a business is all about spotting opportunities, although we never lose sight of the fact that the future is inevitably uncertain. We advise clients on how to document and structure their agreements. Some examples are the compilation and negotiation of general terms and conditions, and agreements concerning distribution, agencies, collaborative ventures, licences, IT or service provision (SLAs), whether national or international in scope. Cultural aspects come into play in addition to the legal aspects in commercial contracts that have an international scope. Expertise and experience in this area are crucial then, and that is what we can offer.
We are also regularly engaged to give advice and — if necessary — conduct litigation regarding the termination of contracts where issues such as compensation for goodwill or losses, non-compete stipulations and notice periods play a role.
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The Dutch saying 'Live as friends, tally as enemies' captures the essence of a good contract in our view. As long as things are going well, the contract is just a piece of paper buried at the bottom of a desk drawer. But as soon as things go wrong, it becomes a live document that each party tries to interpret in a way most favourable to their interests. We act as your sparring partner, supporting you during the process of negotiating and compiling contracts.