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Commercial Agency And Distribution Agreementslaw And Practice Of The Member States Of The European Union
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Book Synopsis International Agency and Distribution Law [2009] - I by : Dennis Campbell
Download or read book International Agency and Distribution Law [2009] - I written by Dennis Campbell and published by Lulu.com. This book was released on 2009-08-12 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 RELEASE: “International Agency and Distribution Law”, a three-volume set with more than 1,800 pages, examines countries in North and South America, Asia and the Pacific, the Middle East, and Europe and their laws affecting the sale of goods through use of local agents and distributors, addressing issues relating to distribution contracts, employment, tax liabilities, liability for the acts of the agent, and dispute resolution. The reports are prepared by local business practitioners. Order volumes II and III to complete the set. The publication is replaced by updated volumes annually. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
Book Synopsis International Commercial Agency and Distribution Agreements by : Cristelle Albaric
Download or read book International Commercial Agency and Distribution Agreements written by Cristelle Albaric and published by Kluwer Law International B.V.. This book was released on 2017-03-06 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Commercial Agency and Distribution Agreements:Law and Practice of the Member States of the European Union by : Ulrich Lohmann
Download or read book Commercial Agency and Distribution Agreements:Law and Practice of the Member States of the European Union written by Ulrich Lohmann and published by Springer. This book was released on 2000-08-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative, practical reference describes the law of the European Union relating to commercial activity, distribution and franchising, together with a comparative analysis of law of the 15 member states, Switzerland and Norway.
Book Synopsis Commercial Agency Agreements: Law and Practice by : Susan Singleton
Download or read book Commercial Agency Agreements: Law and Practice written by Susan Singleton and published by Bloomsbury Publishing. This book was released on 2020-03-04 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Book Synopsis Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) by : Martijn Willem Hesselink
Download or read book Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) written by Martijn Willem Hesselink and published by sellier. european law publ.. This book was released on 2006 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Contracting by : Larry A. DiMatteo
Download or read book International Contracting written by Larry A. DiMatteo and published by Kluwer Law International B.V.. This book was released on 2021-11-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University
Book Synopsis International Commercial Arbitration and the Commercial Agency Directive by : Jan Engelmann
Download or read book International Commercial Arbitration and the Commercial Agency Directive written by Jan Engelmann and published by Springer. This book was released on 2017-02-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
Book Synopsis Commercial Agency, Franchise and Distribution Contracts by : Martijn W. Hesselink
Download or read book Commercial Agency, Franchise and Distribution Contracts written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book M & A written by Philip Martinius and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essentials of mergers and acquisitions (M&A) practice can best be examined from a buyer's perspective. In a corporate transaction, it is the buyer who typically faces the more substantial risks. In many instances, legal problems exist of which the buyer must be aware before deciding to purchase the target company. The ongoing internationalization of the M&A market must also be taken into consideration. The integration of foreign concepts into local legal systems not only leads to a multitude of new questions, it also creates a challenge for any lawyer practicing in this area. Clients expect their professional advisors to handle legal problems likely to arise abroad and to communicate and cooperate efficiently with foreign counsel. The book features a collection of reports by experienced young practitioners from seventeen different jurisdictions, along with a general report for a working session organised by the Corporate Acquisitions and Joint Ventures and Tax Law Commissions of l'Association internationale des jeunes avocats (AIJA) for the AIJA Annual Congress in Lisbon in August 2002. Each national report follows the same structure as the general report, but from a local perspective. While the working session also covered tax issues (a whole other volume in itself!), this publication concentrates on such practical matters of legal risk as: powers of local authorities;determination of relevant market;conflict between antitrust authorities;time limits for negotiation and clearance;avoidance of multiple filings;standard notification clauses;protection of confidential information; andchallenge of competition authority decisions. A useful introduction on warranty and indemnity (W&I) insurance offers an insider's comprehensive outline of the latest developments in this field. The practical information in this book will be of great value to any lawyer dealing with M&A transactions, not only in the countries covered but in any country where M&A transactions occur, as these reports often contain valuable information and suggestions that hold true for other jurisdictions as well. AIJA LAW LIBRARY 14
Book Synopsis Basic Documents on International Trade Law by : Chia-Jui Cheng
Download or read book Basic Documents on International Trade Law written by Chia-Jui Cheng and published by Kluwer Law International B.V.. This book was released on 2012-04-27 with total page 2007 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
Book Synopsis Agency in Private International Law by : H. L. E. Verhagen
Download or read book Agency in Private International Law written by H. L. E. Verhagen and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hague Agency Convention is of great importance for every lawyer involved (or interested) in international business and finance. Its provisions become relevant whenever one is dealing with agency relationships in the broadest sense in an international context. Its scope is not confined to the `traditional' commercial agency relationships between principals and their agents, but extends to many other situations where agency takes place, both directly and indirectly. The rules of the Convention are applied to find the laws governing both the internal and external agency relationships in all areas of international business and finance. The Convention has currently been ratified by four states (the Netherlands, France, Portugal and Argentina), but several countries have enacted legislation inspired by it, for the interpretation of which the Convention may have significance. Moreover, now that it has entered into force (in 1992), it is not unlikely that it will be ratified by more states. Agency in Private International Law presents a detailed analysis of the Convention, with references to the laws of various jurisdictions. References to legal systems other than that of the Netherlands have been checked by local lawyers.
Book Synopsis Franchising in European Contract Law by : Odavia Bueno Diaz
Download or read book Franchising in European Contract Law written by Odavia Bueno Diaz and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.
Book Synopsis International Agency and Distribution Agreements by : Thomas F. Clasen
Download or read book International Agency and Distribution Agreements written by Thomas F. Clasen and published by . This book was released on 1990 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Agency Law in Commercial Practice by : Danny Busch
Download or read book Agency Law in Commercial Practice written by Danny Busch and published by Oxford University Press. This book was released on 2016-01-28 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Book Synopsis Commercial and Intellectual Property Law and Practice 2018 by : Kier Bamford
Download or read book Commercial and Intellectual Property Law and Practice 2018 written by Kier Bamford and published by College of Law Publishing . This book was released on 2018-01-22 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial and Intellectual Property Law and Practice provides a detailed guide to the four major elements of commercial law and practice.
Book Synopsis Commercial Agents and the Law by : Séverine Saintier
Download or read book Commercial Agents and the Law written by Séverine Saintier and published by Taylor & Francis. This book was released on 2017-09-25 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Book Synopsis Commercial and Intellectual Property Law and Practice 2020 by : Kier Bamford
Download or read book Commercial and Intellectual Property Law and Practice 2020 written by Kier Bamford and published by College of Law Publishing . This book was released on 2020-02-01 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial and Intellectual Property Law and Practice provides a detailed guide to the four major elements of commercial law and practice.
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