The International Distribution Agreement

The International Distribution Agreement

Author: Marco Mastracci

Publisher: Universal-Publishers

Published: 2020-11-01

Total Pages: 356

ISBN-13: 1627343288

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With the ever-increasing interconnection between markets, businesses and individuals from all over the globe, professionals are asked to develop a greater interest in the international implications of contracts. This book focuses attention on the distribution agreement, one of the most widely used contractual schemes in the practice of international exchanges, providing a analysis and information on the issues that should be considered by the practitioner when drafting, interpreting or executing an international agreement. Issues relating to the choice of the governing law, the competent court, the validity or invalidity of some clauses, the impact that the language of the contract may have, as well as the different meaning and scope of application of some principles, such as good faith and le estoppel, are analyzed from a transnational perspective, highlighting how the same issue can be regulated differently depending on the regulatory framework that governs it. In this second edition, the distribution relationship has been evaluated mainly across the legal systems of the European Union, the United States and Latin America, while not missing references to other regulatory frameworks, which are highlighted in correspondence with particular issues.


Agency and Distribution Agreements:An International Survey

Agency and Distribution Agreements:An International Survey

Author: Jausas Agustin

Publisher: Springer

Published: 1994-10-24

Total Pages: 328

ISBN-13:

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This new Second Edition of the acclaimed & successful work, originally produced by the EEC Law Commission of the Association internationale des jeunes avocats (A.I.J.A.), has now been thoroughly revised, updated, & also expanded to include EFTA countries. An assessment of EEC (and in turn the situation pertaining to EFTA states) law & jurisprudence as it affects agency, distribution & franchising agreements is made at the outset. There then follows a detailed comparative analysis of the different national legal regimes (country by country) governing such arrangements within the EC & EFTA states, & an explanation of the extent to which EC law & practice is or may already be applicable to them. The systematic & thorough research presented in this text is structured to facilitate cross reference & comparison, & supplemented by case law & legislative references. The authors are practitioners of law who are frequently involved in the field of commercial agency & distribution agreements in the twelve member states, & members of the Association internationale des jeunes avocats (A.I.J.A.).


International Commercial Agency and Distribution Agreements

International Commercial Agency and Distribution Agreements

Author: Cristelle Albaric

Publisher: Kluwer Law International B.V.

Published: 2017-03-06

Total Pages: 1178

ISBN-13: 9041169164

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In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.


Commercial Agency, Franchise and Distribution Contracts

Commercial Agency, Franchise and Distribution Contracts

Author: Martijn W. Hesselink

Publisher: Walter de Gruyter

Published: 2009-04-27

Total Pages: 414

ISBN-13: 3866537077

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The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.


International Agency and Distribution Agreements

International Agency and Distribution Agreements

Author: Thomas F. Clasen

Publisher:

Published: 1990

Total Pages: 944

ISBN-13:

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The use of foreign commercial intermediaries is fundamental to international business: one half of all exports are handled by foreign agents and distributors. In consequence lawyers are frequently called upon to prepare or review agreements between suppliers and prospective intermediaries overseas. This work should enable them to do just that.


Schmitthoff's Agency and Distribution Agreements

Schmitthoff's Agency and Distribution Agreements

Author: Stephen Kenyon-Slade

Publisher:

Published: 1992

Total Pages: 192

ISBN-13:

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An introduction to the subject which distinguishes between agency agreements, distribution agreements and franchise agreements and considers the main points to be taken into consideration when drafting an agreement, its enforcement and its termination. Forum shopping is also considered.


International Agency, Distribution, and Licensing Agreements

International Agency, Distribution, and Licensing Agreements

Author: Richard Christou

Publisher:

Published: 1996

Total Pages: 768

ISBN-13:

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Providing practical guidance on the negotiation and drafting of international agency, selective distribution systems, manufacturing licenses and trade mark licences, along with full precedents and clause-by-clause commentary, this edition has been revised to cover all changes made since 1991, for agreements both inside and outside the EU.