Legal Question in International Law in New York

You should be cognizant of the ramifications of choosing either jurisdiction as your choice of laws; for instance, expediency, protection, incorporation, viability, etc. You should contact both an American and a German attorney for simple questions. You may include choice of laws and jurisdiction in your contract, however, it must be agreeable to both parties and I doubt a German Company will agree to be bound by US court jurisdiction and/or decision based on its activities in Germany.

Generally speaking, if you choose to fall under German law then it is your prerogative. Be mindful that having such a clause in the contract means that the center will likely give up a lot of its rights in the U.S. I assume the intention is for the German parent company to deal with any potential disputes. If this is the case then you should consider an indemnification agreement between the parent and the subsidiary and a relevant notice clause in the contract at hand.

In addition, you have incorporated in D.C., however since you are physically based in New York the center should register as a foreign company in New York State.

Furthermore, I'm not sure what your position as a legal consultant entails, but if you are giving legal advise to the center and you are not admitted as an attorney, then you may be practicing law without a license. You and the center should seek the advise of an attorney in this matter.

Feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

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