Top Ten is a franchisor of holiday parks, which typically include camping grounds and other accommodations for travellers. Top Ten franchisees differ from typical franchisees in that they are also shareholders of the company. In June 2023, one of Top Ten’s franchisees, which owned the land on which the franchised business operated, approached the company’s […]
This case relates to a franchise agreement. Judgement was handed down on 6 August 2025. English courts are continuing to struggle with the extent to which duties of good faith should be implied into franchise agreement. It appears that the previous “debate” about whether relational contracts – long term agreements which require the parties to […]
In a judgment issued on 18 March 2025, the Supreme Court of India (“Supreme Court”), reinforced that when arbitration agreements contain seemingly inconsistent provisions on governing law and venue, courts must harmonize them to uphold contractual intent. The dispute in this case arose from an International Exclusive Distributor Agreement executed between the petitioner, a company […]
Italian legislation protecting employees has long introduced a principle of “joint liability” in contracts (and subcontracts), which makes the client/principal jointly liable with the contractor for the payment of wages and social security contributions owed by the contractor (and possible subcontractors) to its workers. In particular, Article 29, second paragraph, of Legislative Decree 276/2003 provides […]
In one of the most recent cases regarding commercial agency agreements in Colombia, the Superior Court of Bogotá clarified that economic risk does not, in itself, exclude the existence of a commercial agency. However, it is a determining factor when accompanied by operational independence, freedom to set prices, and absence of instructions from the contractor. […]
In August 2025, Brazil’s National Institute of Metrology, Quality and Technology (INMETRO) enacted Portaria No. 459, establishing a mandatory labeling regime for all footwear manufactured, imported, distributed, or sold in Brazil. The measure, which responds to long-standing demands from industry players, seeks to curb counterfeiting, increase market transparency, and strengthen consumer protection. The regulation requires […]
In a judgement issued on 1 July 2025, the Delhi High Court upheld the principle of party autonomy in arbitration proceedings, while ruling that the discretion given to an arbitration under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) cannot override an exclusive jurisdiction clause agreed upon by the parties in the arbitration agreement. The […]
In agency agreements, clauses providing for the agent’s obligation to transmit during each year orders resulting in the conclusion of sales contracts for a predetermined amount (the so-called ‘minimum sales targets) are quite common. These clauses also provide that, in the event of failure to reach that minimum, the principal can terminate the agreement pursuant […]
On 3 April, the new Organic Law 1/2025, enacted on 2 January 2025, came into force, introducing significant reforms to the Spanish judicial system. Its main objective is to encourage out-of-court dispute resolution, reduce the workload of the courts and promote alternative mechanisms that contribute to decongesting the judicial system. Among the most notable changes […]
As is well known, European Union and Italian trademark legislation is based on the principle of the so-called “trademark exhaustion”, understood in the sense that, once a product is put on the market in Italy, or in the territory of the European Union or the European Economic Area (EEA) by the trademark owner or with […]
Saskatchewan’s first and only comprehensive franchise statute, The Franchise Disclosure Act (the Saskatchewan Act), received royal assent on May 8, 2024. Saskatchewan is the seventh Canadian province to enact franchise legislation, following Alberta, Ontario, Prince Edward Island, New Brunswick, Manitoba and British Columbia (collectively, the Regulated Provinces). On April 25, 2025, the Saskatchewan Gazette published The Franchise Disclosure […]
Many distribution agreements contain an arbitration clause. In Norway, the usual form of arbitration is “ad hoc” arbitration. Arbitration clauses are generally short – referencing only the Arbitration Law (LOV-2004-05-14-25). Lawyers are frequently appointed as arbitrators. And in small countries (or in large law firms…) the lawyer or his/her firm may have various connections to […]
On 18 March 2025, the Italian Competition Authority (AGCM) opened an investigation against the company Morellato S.p.A. for alleged anti-competitive conduct. In particular, this conduct consists in prohibiting the members of its (selective) distribution network from selling products on online platforms managed by third parties (‘marketplaces’), and the alleged unlawfulness of this conduct would derive […]
1. LEGAL SOURCES. Competition is at the heart of Canada’s economy. A healthy competitive environment pushes companies to be more responsive to consumer needs, resulting in greater choice, higher quality goods and services, and ultimately lower prices for consumers. In a significant step towards achieving the above and modernizing Canada’s competition laws, the federal government […]
One of the lesser-known but legally significant phenomena in trademark law is genericide or genericization. It is a process by which a formerly distinctive trademark becomes a common name for a type of product or service. As a result, the trademark owner may lose their rights, since the trademark no longer fulfills its essential function: […]
A franchisor (Leen Bakker) entered into a franchise agreement with a franchisee in 1995. Pursuant to that franchise agreement, the franchisee operates a home furnishings store under the Leen Bakker franchise formula. A termination clause in the franchise agreement provides, inter alia, that termination takes place with a term of 13 months, and that the […]
In Norway there are no specific laws on distribution, and agreements are subject to the freedom of contract. However, the general underlying obligations of loyalty fair dealing (which in Norway are codified in Marketing Act art 25) must be taken into consideration when assessing your rights and obligations. We touched upon this subject in an […]
Jura Poland is the exclusive importer of Jura brand coffee machines in Poland. The President of the Office of Competition and Consumer Protection (UOKiK) stated that Jura Poland, together with its official distributors, who were also retailers, including major electronics chains in Poland such as RTV Euro AGD, Media Markt and Media Expert, was involved […]
