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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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International Commercial Agency and Distribution Agreements: Case Law and Contract Clauses 2nd ed

Edited by: Cristelle Albaric, Marianne Dickstein

ISBN13: 9789041169075
Previous Edition ISBN: 9789041126252
Published: June 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £229.00



In stock.

International Commercial Agency and Distribution Agreements: Case Law and Contract Clauses 2nd edition is a much-used practical guide to drafting and negotiating commercial agency, exclusive distribution, and franchising agreements.

In this enriched second edition of a proven, indispensable practical guide, 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.

What’s in this book:-

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. This second edition keeps the original format, with each chapter covering all the following matters and more:-

  • pre-contractual information disclosure;
  • administrative formalities and reporting obligations;
  • role of professional bodies;
  • applicable vertical restraints;
  • applicable private international rules;
  • availability of EU block exemptions;
  • rights and obligations of all parties to each other and to third parties;
  • intellectual property rights;
  • data protection;
  • provisions for Internet sales;
  • undertaking not to compete;
  • right to indemnities;
  • sanctions in case of noncompliance;
  • sub-distributors;
  • resale pricing;
  • liability toward end users;
  • warranties;
  • grounds for termination;
  • damages in the event of unjustified (abusive) termination;
  • acquisition or lease of site by franchisee;
  • post-contract improvements and modifications of standards and specifications;
  • franchisor’s initial and continuing assistance to franchisee; and
  • bankruptcy procedure.
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.

How this will help you:-

This book helps the readers gain a comprehensive understanding of legislation, regulation, and case law affecting distribution agreements in major jurisdictions worldwide and thereby confidently approach the contractual specifics and possibilities offered in each jurisdiction.

The ready-to-adapt contractual clauses provided on a case-by-case basis serves as a handbook to corporate counsel, legal scholars, and other lawyers negotiating international commercial distribution agreements.

Subjects:
Commercial Law
Contents:
Editors
Contributors
Chapter 1 Argentina
Maximiliano N. D’Auro & Gonzalo Javier Ochoa
Chapter 2 Austria
Michael Meyenburg
Chapter 3 Belgium
Marianne Dickstein & Bart Van Den Brande
Chapter 4 Brazil
Renata Antiquera
Chapter 5 China
Isabelle Hajjar (second edition updated by Dr. Cristelle Albaric)
Chapter 6 Finland
Tanja Jussila
Chapter 7 France
Cristelle Albaric
Chapter 8 Germany
Raimond Emde
Chapter 9 Hungary
Bence Molnár (Sz.), Gusztáv Bacher, Orsolya Görgényi & Miklós Boronkay
Chapter 10 India
Manoj K. Chhabra
Chapter 11 Ireland
Wendy Hederman & Lisa Taylor
Chapter 12 Italy
Elena Marangoni
Chapter 13 Japan
Takahiko Itoh & Kazuma Higuchi
Chapter 14 The Netherlands
Suzan Lap (second edition updated by Jocelynn Tetelepta)
Chapter 15 Spain
Marita Dargallo Nieto & Maite Mascaró
Chapter 16 Switzerland
Jean-Louis Collart
Chapter 17 Turkey
Cemile Demir Gökyayla
Chapter 18 England and Wales
Georgia Catarame
Chapter 19 United States
Eric D. Kuhn & Andres A. Sardi Garcia