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NEW ISSUES IN INTERNATIONAL DISTRIBUTION
The new EC regulation on vertical restraints
How to deal with insolvency of distributors/franchisees
2010 Annual Meeting of the International Distribution Institute
FRIDAY 11 JUNE AND SATURDAY 12 JUNE 2010, TURIN (ITALY)
| IDI Conference | Programme | Registration | Practical Information | Full Programme PDF |
The International Distribution Institute (IDI), the leading organization dealing with international distribution law, will hold its 2010 annual conference in Torino.
The conference is addressed to lawyers and businessmen involved in negotiating, drafting and managing international distribution contracts (agency, distributorship, franchising, etc.) and will deal with a number of topical issues which justify an in depth discussion between the participants and qualified experts in this field. The conference has been organized in collaboration with the European Company Lawyers Association (ECLA), the Italian member association of ECLA (Associazione Italiana Giuristi di Impresa: AIGI), and the Piedmont Arbitral Chamber and the International Chamber of Commerce (ICC).
The conference is divided into a main session (on Friday 11 June) and three parallel workshops on specific issues chosen by IDI in collaboration with its members (on Saturday 12 June, morning).
This year the main session (Friday, 11 June) is devoted to two different themes of general interest for those involved in distribution:
The new block exemption regulation 330/2010, which replaces regulation 2790/1999, is a basic instrument of guidance for companies which enter into distribution contracts within the EU and wish to make sure that their dealings conform to the European antitrust rules.
Since the regulation does not bring very important changes, the session will give an update of the present state of the law with respect to a number "hot" issues:
The last issue will be that of examining solutions and proposing standard clauses which comply with the new regulation will be proposed and discussed.
This session will analyze and discuss some critical issues which arise when a member of the network who buys and resells (distributor, dealer, franchisee) faces financial problems which may result in insolvency and, in the worst case, bankruptcy.
Should the supplier accept delayed payments so that the distributor can remain on the market? Or should he stop supplying? Which is the supplier's responsibility towards the creditors of the distributor if he "keeps him alive"? Is the supplier entitled to require a change of the usual payment conditions (e.g. advance payment, bank guarantees or letters of credit) when risk of insolvency arises? What is the impact of bankruptcy laws on these issues?
These and other questions will be discussed in practical terms during the session.
The second session (Saturday June 12, morning) will deal with three parallel workshops on the following themes:
This workshop will first of all present a study on arbitral case law regarding international distribution, which will make it possible to have an overview of the prevailing trends in arbitral jurisprudence in this field. Thereafter, a panel of company lawyers will speak about their experience and especially some critical aspects of international arbitration. Finally speakers from arbitral institutions will discuss the remedies which may help reducing the main reasons for criticism.
Global marketing of branded products inevitably implies the need to protect local distribution networks from parallel imports. Trademark protection may be a means to fight against parallel imports, and protect distribution networks in the countries having higher price levels. The session will examine when parallel imports of goods can be prevented and when not, according to the law of different countries or economic areas (like the European Union) and a panel will discuss the possible strategies which can be implemented by companies.
In retail distribution, the right place for the outlet is of material importance. Obtaining and maintaining the right location for the retail outlet is crucial issue, as well for the dealer/franchisee (in the relation with his landlord), as for the supplier/franchisor, who will try to maintain the location for his network in case of change of the dealer/franchisee. The workshop will examine mainly the following problems:
For more information see the practical information hereafter.