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 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.
Friday, January 28
08:30 – 09:00
REGISTRATION OF PARTICIPANTS
Hilton Antwerp Hotel Groenplaats 32 2000 Antwerp
09:00 – 09:15
Welcome and Opening of the Seminar
Dirk GROOTJANS, Antwerp Bar President, Antwerp, Belgium
Pascal MAURER, UIA President, Keppeler & Associés, Geneva, Switzerland
09:15 – 10:00
Introduction to the Legal Issues Related to International
Sale of Goods
Marie-Christine CIMADEVILLA, Cabinet Cimadevilla, Paris,France
10:00 – 11:00
Application of CISG or of National Set of Rules in International Sales in the Light of the Comparison with Swiss Law
Jean-Paul VULLIETY, Lalive & Associés, Geneva, Switzerland
11:00 – 11:30
COFFEE BREAK
11:30 – 12:30
Critical Issues regarding the Sphere of Application of the CISG
Jelena PEROVIC, Faculty of Economics – University of Belgrade, Belgrade, Serbia
12:30 - 14:00
LUNCH
14:00 - 15:00
New INCOTERMS 2010
Burghard PILTZ, Brandi Dröge Piltz Heuer & Gronemeyer, Gütersloh, Germany
15:00 - 16:00
General Terms and Conditions under the CISG
Fabio BORTOLOTTI, Buffa Bortolotti Mathis, Turin, Italy
16:00 - 16:30
COFFEE BREAK
16:30 - 17:00
Cross Border Distribution in General: Choosing the Right Contract
The common options: commercial agents vs distributors/resellers.
Pro's and con's. Alternatives implying control over retailers: selective distribution, franchising.
Olivier VAES, Advocatenkantoor Vaes, Antwerp, Belgium
17:00 – 17:30
The Law Governing Commercial Agency Agreements
The European directive. How is it implemented in the various
member States? Other legislations protecting agents: Arab
countries, Central America, etc. Choice of the applicable law
and its effectiveness. The Ingmar Case.
Jaap VAN TILL, van Till Advocaten, Amsterdam, Netherlands
17:30 - 18:00
How to Deal with “Illicit Commissions"
The general legal framework: OECD Convention on combating bribery, the Foreign Corrupt Practices Act of the US and other domestic laws. The ICC Recommendations on combating extortion and bribery. Agreements with agents who might make an illicit use of the amounts received. What is the extent of the principal's responsibility?
François VINCKE, lawyer, Overijse, Belgium
20:00
OPTIONAL DINNER & VISIT OF THE BREWERY
‘t Pakhuis
Vlaamsekaai 76
2000 Antwerp
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