On 16 May 2011 the Draft Law On Amending Civil and Commercial Codes of Ukraine (regarding commercial concession(1) agreements) No. 8515 was registered with the Parliament of Ukraine. The Draft Law introduces amendments to Article 1118 (2) of the Civil Code of Ukraine and Article 367 (2) of the Commercial Code of Ukraine concerning authorities […]
The IDI website features two new Country Experts: UNITED ARAB EMIRATES (agency & distribution): FLORIAN AMERELLER SWITZERLAND (franchising): ANDREAS DUBLER The new report on agency and distribution in UAE and the new report on franchising in Switzerland can be found in the Reports Section of the IDI website. […]
This model form follows the traditional ICC approach to provide a fair balanced contract. The ICC model international franchising contract reflects the main rights and duties of the franchisor and the franchisee and also can be used as a checklist. Of course national regulations have to be considered when using this model. The contract can […]
In KFC Nat’l Council & Adver. Coop., Inc. v. KFC Corp., No. 5191-VCS, 2011 Del. Ch. LEXIS 17 (Del. Ch. Jan. 31, 2011), the parties disputed the role of the KFC National Council and Advertising Cooperative (‘NCAC’). KFC established the NCAC to oversee advertising for the KFC brand throughout the United States and approve specific […]
The Spanish Government has presented to the Parliament a Draft on Distribution Contracts Act (Proyecto de Ley de Contratos de Distribuci¢n). The document has been published at the Official Bulletin of the Spanish Congress in June 29th 2011. <p The Draft intends to better the transparency in the sector and to promote the competitiveness and […]
Covenants not to compete are often used to prevent a former franchisees from continuing to benefit from the goodwill, and know how acquired as a franchisee after their agreements expire or terminate. Most US states evaluate the validity of post-termination non-compete covenants by considering whether they have a legitimate business purpose, and whether they are […]
The amendment affects the distribution of automobiles and industrial vehicles and extends some of the principles of the Agency Agreement to these Distribution Agreements including some specific regulation. The following are the governing principles of the modification. 1. The modification affects the distribution agreements of automobiles and industrial motor vehicles. Distribution agreements in this case […]
CURRENT DEVELOPMENTS IN INTERNATIONAL CONTRACT LAW Agency, distribution and franchising European Contract Law ICC Recommendations and model forms. Register now to the IDI annual conference! Registration Form Program Registration on-line […]
The Greek Supreme Court (Areios Pagos) in its judgment nr. 1665/2009 dealt with a lot of issues concerning distributorship agreements. The judgment was delivered within the framework of the enforcement of an arbitral award rendered in the USA in a dispute between an US supplier and a Greek distributor. 1. The judgment at issue is […]
A new country report on franchising in Austria is now available in the Reports Section of the website, provided by Daniel Liemberger, the new IDI franchising country Expert for Austria. The CV of the new country expert can be found in the Experts Section of the IDI website, while all the main laws, particularly rules […]
In a case decided August 25th but released only in October, the Beijing No. Intermediate People’s Court held that where a franchisor is not in compliance with the requirement to have operated two locations for at least one year (Article 7(2) of the Franchise Regulations) the franchise agreement is still valid and there is not […]
Albemarle Corporation vs. AstraZeneca UK Ltd., (No. 10-1000, Dec. 10, 2010, 4th Cir.) reviews the history of enforcement of forum selection clauses before the U.S. federal courts, and follows the prevailing view that the enforceability of a forum selection clause would be determined by federal common law. That law would normally view a forum selection […]
The main novelties and changes brought by the New TCC are as follows: The provisions regarding the right to commission of the agency are regulated in more detail. Pursuant to the Article 113/3 of the New TCC, the agent may request a commission regarding the agreements concluded after the termination of agency relation and this […]
The IDI website features two new Country Experts: Peter Gregersen: DENMARK (agency & distribution) Saurabh Misra: INDIA (franchising) The revised reports on agency and distribution in Denmark and the new report on franchising in India can be found in the Reports Section of the IDI website. The CV of the new country experts can be […]
Aside from the Brazilian Civil Code, there are also accounting rules that address the concept of goodwill, which solely take into consideration the intangible elements of an establishment, to determine the surplus value when acquiring a specific business. For the purposes of this analysis, ‘goodwill’ will hereinafter mean the intangible elements of the establishment. Brazilian […]
The franchisee, ?? (Zou Jun), entered into a franchise agreement on April 24, 2010 with the franchisor, (Yicai International Business Management (Beijing), Inc.) to operate a shop selling Korean cosmetics. Under the agreement, the franchisee paid an initial fee in the amount of 39,800 RMB for the products and equipment provided by the franchisor. The […]
The judgment shows that a distributor in Denmark is rarely entitled to goodwill compensation and that special circumstances are required for a distributor to claim damages in relation to costs and investments made during the cooperation with a supplier. The facts of the case are as follows: In October 1996 the supplier sent a draft […]
1. The determination of the ratione materiae scope of application of P.D. 219/1991 (i.e. the Greek legislative Instrument, implementing in the Greek Legal Order Directive 86/653) remains even today a long and strongly debated topic of discussion in Greek scholarship writing and jurisprudence, focusing particularly to the applicability per analogiam of the respective provisions (and […]
