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Carlotta Mazzetti | | 2007-05-17

Carlotta Mazzetti

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Legislation :

Among the other new laws we added, we can mention:

VIETNAM: The New Commercial Law (effective from January 1, 2006) governing sales by mandate dealers and regulating commercial agency and franchising contracts and Decree No. 35/2006/ND-CP of March 31, 2006 on franchising.

MALAYSIA: The new Arbitration Act 2005, repealing the previous legislation.

CHINA: Decree No. 485 (Regulations on Administration of Commercial Franchise), approved on 31 January 2007.

JAPAN: Articles 16 et seq. of the Corporations Law No. 86 of June 29, 2005, in force since 1st May 2006 on commercial agency;
the Antimonopoly Act of 1947 (as subsequently amended) on distribution;< br/> Guidelines concerning Distribution Systems and Business Practices of the Japanese fair Trade Commission and 1973 Medium-Small Retail Business Promotion Act and its Enforcement Regulations (both amended in 2002), governing franchising contracts.

UNITED ARAB EMIRATES: Ministerial Resolution 381/2006 of September 2006 on Commercial Agency amending the Federal Law Concerning the Organization of Commercial Agencies, No.18 of 1981.

CANADA: The Franchises Act 2005 (the ‘PEI Act’), that regulates franchising agreements in the province of Prince Edward Island;
the Franchises Act (the ‘ULCC Act’), of the Uniform Law Conference of Canada (ULCC), issued on August 2005 and constituting a proposed model for franchises legislation in all other provinces and territories of Canada.

International Conventions :

In the constant updating of the status of the international Conventions included in this section, we point out new ratifications to the 1961 Geneva Convention on International Commercial arbitration, to the latest Luxembourg 2005 version of the 1980 Rome Convention on the Law Applicable to Contractual Obligations and to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

National Case-Law :

In the Reports section we have inserted some recent case law on distribution matters, selected by countries. Each case law is introduced by an abstract, drafted by the country expert responsible for the relevant country: Argentina, Austria, Denmark, France, Italy, Lebanon, Switzerland, United Kingdom.

Bibliography :

Since the last update, we inserted several new bibliographic references in the relevant section.
Among the others we can mention:

  • SLIPACHUK Tatyana, MYKOLSKA Nataliya, Commercial Agency: a thousand and one questions. Part I: Agency relations under Ukrainian Law; in UJBL, March 2006, pp. 24 et seq.
  • BORTOLOTTI Fabio, Indennità di fine rapporto di agenzia: la Cassazione si pronuncia dopo la Corte di giustizia europea; in Mass. Giur. Lav., 2007, No. 1-2, pp. 106 et seq.
  • MINJAUW Harold, The relationship between the Belgian 1961 act on the termination of exclusive distribution agreements and arbitration; in RDAI, 2006, No. 1, pp. 3 et seq.
  • MENDELSOHN Martin, Joint ventures in international franchising; in JIFDL, 2006, No. 2, pp. 32 et seq.
  • KLARFELD Peter J., KOCH David W., Princeton review litigation puts renewal condition to the test; in JIFDL, 2006, No. 2, pp. 27 et seq.
  • ECHARRI Alberto, Spain – new regulations on the Spanish Franchisor’s Registry; in JIFDL, 2006, No. 3, pp. 3 et seq.
  • ZAID Frank, MOCHRIE Dominique, Canada – A comparison of Canada’s Newest Franchise Legislation against Existing Franchise Laws; in JIFDL, 2006, No. 3, pp. 7 et seq.

Contracts Section:

Translations of the Commercial agency and Distribution short-form contracts into several national languages: Arabic, Chinese, Danish, Dutch, Estonian, Finnish, French, German, Hungarian, Italian, Lithuanian, Polish, Portuguese, Russian, Slovenian, Spanish.


IDI Editorial Board

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