Négociation et vie de contrats de distribution, d'agence commerciale et de vente internationale

The United Nations Convention on the International Sale of Goods (CISG) based on the worldwide acceptance by lawyers raised with different traditions and backgrounds has enjoyed enduring success and continues to do so.

Today, 76 states have ratified it, including the main economies of the world. Thus, the CISG represents the most successful attempt to unify the various rules of the law of international sales, removing legal barriers in international commerce.

There is now a wealth of court decisions from all over the world while, at the same time, new issues arise. A preferred system of marketing the products in different countries is the conclusion of distributorship agreements.

As regards distribution, there are numerous issues which must be considered when setting up a distribution network, the first of which is the choice between a distributor/importer or commercial agent. Another basic issue is to decide whether the exporter should extend his control over the underlying network, e.g. by setting up a selective distribution system or a franchising network.

It is furthermore important to know what the risks (and costs) are under various domestic laws, especially with respect to a possible goodwill indemnity which in certain countries may be due also to distributors. Also compliance with the EU rules on competition and especially the block exemption regulation 330/2010 is very important.

The seminar will address new developments in this area, focusing the main practical problems relating to the performance of the contract for international sale and international distribution agreement and highlight the tendencies resulting from court decisions and international arbitration awards.