2024 IDI Annual conference

DRAFTING AND MANAGING INTERNATIONAL SALES CONTRACTS WITHIN DISTRIBUTION NETWORKS

PRAGUE  14-15 June 2024

Presentation: 20 years of IDI Introduction - Fabio Bortolotti Introduction: the 1980 Vienna Sales convention (CISG) in general - Piltz DISCUSSION PANEL: sales contract conducted through incorporation of standard terms. DISCUSSION PANEL: how can the seller defend against claims for defects (non-conformity) invoked by the buyer, without needing to discuss about their actual existence? DISCUSSION PANEL: limiting the amount of seller's liability for damages arising from the sales contract DISCUSSION PANEL: when is the buyer entitled to terminate the contract of sale for non-compliance by the seller? How can the seller avoid termination by remedying the defect? DISCUSSION PANEL: managing the relationship between the framework distribution agreement and the contracts ofsale. DISCUSSION PANEL: excluding the CISG by express or implied choice of the parties. A restrictive approach by the Courts. DISCUSSION PANEL: concluding remarks on the inclusion/exclusion of the CISG - FBortolotti DISCUSSION PANEL: concluding remarks on the inclusion/exclusion of the CISG - Piltz WS 1 - INTRODUCTION: the commercial aspects of supplying franchisees with necessary FF&E, products and services. WS 1 - PANEL: negotiation of master supply agreements for franchise systems and franchisor rebates and other kickbacks. WS1: Permissible restrictions on the choice of suppliers and products/services. WS 1 - PANEL: franchisor liability and commercial risks - a case law review. WS 2 - PANEL: how to respond to green and social claims. WS 2 - PANEL: working across the sector, with (potential) competitors towards ESG.. WS 3 - INTRODUCTION: customer's data as an important corporate asset. WS 3 - INTRODUCTION: company's experience with integrated and non-integrated retailers. WS 3 PANEL: restriction of the use of customer's data by retailers and franchisees after contract termination: possible risks on goodwill? WS 3 PANEL: contractual solutions WS 3 PANEL: contractual solutions - Appendix 1: China - Alina Quach WS 3 PANEL: contractual solutions - Appendix 2: Spain and Europe - Mercedes Clavell WS 3 PANEL: disputes over customer's data.