JUDr. Martin Žiak has been intensively dealing with export issues and projects for more than 10 years, and not only from the legal point of view but also from the business perspective. When advising clients, Mr. Žiak relies on his unique personal experience gained when he managed the expansion of a successful Czech company in a foreign country and from the position of a co-owner and company executive as he established and managed a foreign company with a turnover of hundreds of millions of crowns.
Perfect knowledge and application of:
- European law
- International agreements and conventions (e.g. UN Convention on contracts for international sale of goods, conventions focusing on international road haulage - CMR, ADR)
- widely used and generally accepted business conditions (e.g. INCOTERMS, FIDIC), or manuals and laws issued by the International Institute for the Unification of Private International Law (UNIDROIT), such as manuals for international franchise agreements and model leasing law.
All this predetermines our law firm to successfully assist EXPORTERS in their business. We can help exporters in all phases of their export activities, from the initial analysis of export opportunities, through contract preparation and financing all the way to the actual conclusion and implementation of export transactions including effective recovery of foreign receivables.
Our services mainly include:
- Partner Risk & Credibility diligence. We will detect unhealthy business partners and obtain information about business risks for you before you decide to start doing business with them. However, this check does not only apply to new customers; we also recommend analysing customers in your existing portfolio. By checking and subsequently monitoring your partners you will effectively prevent situations where you cannot recover your receivables and will be able to protect your cash flow. In addition, results of the monitoring may be effectively used in other interconnected activities. For example when you negotiate more favourable financing conditions with banks for business you do with proven partners.
- Preparation and negotiation of export / import contracts. Foreign trade has its specifics in comparison with the local trade and contracts must reflect these differences. Law enforcement is a more complex and costly process in foreign countries. Often clients turn to us with a problem in a contract which is formally in order, but only in terms of the Czech Republic. You can have the best contract meticulously defining the consequences of your partner's breach, you may be entitled to receive penalty payments or compensation, but if you cannot get them effectively (quickly and for reasonable cost), they are just a fictitious income. We make sure that the highest priority the contract should serve is fast and cost-effective ENFORCEABILITY. Of course, this is done in connection with SECURITY, preferably an external securing instrument independent of the will of your partner.
- Designing the most suitable financing structure for foreign trade, purchase of foreign receivables.
- Effective securing of business transactions, for example in the form of insurance covering foreign receivables, letter of credit / bank credit, bank guarantee, etc.
- Time and place effective protection of intellectual property rights of our clients operating abroad. As for EXPORTERS, we make sure that their brand names are protected around the world where the relevant products are offered.
- Clients often do not realize that it is not enough to protect IP rights only where they sell their products, but also in territories where they purchase products. We have taken part in several unpleasant negotiations with Customs authorities in countries outside of the EU which detained goods of clients because the client's trademark was registered by someone else. We will take such legal measures that will protect IMPORTERS from bullying and from extortion-like practices of local companies (suppliers, employees of suppliers, etc.), trying to exploit importer’s IP rights.
- Out-of-court recovery of foreign claims.
- The recovery process varies according to the country where the debtor is located and it also depends on the local specifics. Sometimes our personal and direct involvement is enough, other times we work with local debt collection, detective and security agencies. In any case, the payment amount depends on the success of the negotiation, so the client pays a substantial portion of the costs only when the relevant sum is credited to his account.
- Representing clients abroad. In case of a commercial dispute before courts abroad, we find the most suitable local law firm with which we coordinate your representation.