Documente Academic
Documente Profesional
Documente Cultură
Marie-Elodie Ancel
Theodore J. Gleason
INTRODUCTION
The subject-matter
26.10.2016
Main Issues, Fundamental
Choices, Major Players
Mock Case
promote and develop the sale of his partners (the principal) products.
The agent does not buy these products to sell them on the territory that he
covers. He finds the customers, eventually enters into negotiations with
them and sometimes concludes the sale contracts on behalf and in the
name of the principal.
An agent is an intermediary (a go-between).
At the end, the products are sold (property is transferred and price is due)
between the principal and the customer.
The agent will receive a percentage of the sales he helped to make
(commission).
What if not?
Legal concerns
Judicial concerns
A lawyer, of course
MAIN ISSUES,
FUNDAMENTAL
CHOICES, MAJOR
PLAYERS
MAIN ISSUES
Applicable law
Access to arbitration
establishment), and/or
The contract is to be performed totally or partially in a foreign
country
contract;
You have chosen a foreign judge to decide on your otherwise domestic
contract;
Your otherwise domestic contract is connected to an international
contract.
Substantive Rules:
on formation, validity, performance, non-performance, remedies,
FUNDAMENTAL CHOICES
Under many national statutes, European regulations or
international conventions, contracting parties are allowed
to make some fundamental choices:
Arbitration or litigation (and sub-choices)
Ad hoc or institutional arbitration?
Litigation in my country, in your country, or elsewhere?
Domestic law or international law
My law, your law, or a neutral law?
Choosing or avoiding the CISG?
Lex mercatoria?
Unidroit Principles?
(and sub-choices)
MAJOR PLAYERS
Operators:
Businesses
States or public entities
Legislators
States at national level
States at regional level (EU)
States at international level (international treaties, international
organizations)
Influencers
professional associations, ICC, academics, academic associations,
NGO,