International Trade, distribution agreements and agency – examples of mediations undertaken
A two-day mediation concerning a long-term raw material supply contract (c. £40 million).
A multi-party, multi-jurisdictional dispute concerning the supply of raw materials involving issues of foreign law liens, guarantees, reservation of title, etc (c. £1.5 million).
A mediation in the course of an LCIA arbitration arising out of a sales agency agreement between a US company and a Scandinavian company, the main focus of the dispute being on the commission ‘trigger’ in the agreement (c. Euro 900k).
A three party dispute involving a manufacturer of technical equipment used in the energy sector, a supply chain partner and end user in proceedings arising out of various shipments of products and the making of demands under various performance guarantees.
Numerous sale of goods disputes, many cross-border and in a variety of sectors, for instance, those raising issues of compliance with ISO and BSI Standards, Certificates of Conformity, disputed manufacturing test certificates, CE approvals (EU Directive No. 2006/95/EC), etc.
A dispute concerning an exclusive distribution agreement in the automotive sector (c. £1 million).
A mediation arising out of an agreement giving sole distribution rights in a particular jurisdiction and loss associated with alleged breach, including issues such as computation of ‘Wrotham Park’ damages (c. £2.5 million).
A mediation of a dispute arising out of a supply agreement with discussion focusing on product returns, swap out pools, marketing allowances and markdown.
A dispute between a food retailer and beverages manufacturer arising out of a long term supply agreement (c. £2.5 million).
A dispute arising out of the termination of an agency agreement in the field of radio advertising (c. £1.5m).
A mediation of a claim brought under the Commercial Agents (Council Directive) Regulations 1993, with the manner of calculation of value of the agency for the purposes of compensation under Regulation 17, the meaning of ‘continuing authority to negotiate’ for the purposes of Regulation 2(1) and the meaning of ‘secondary activities’ being at the forefront of the dispute.
Mediation of a dispute concerning an alleged derogation from Articles 17 and 18 of the Commercial Agents Directive, the discussion focusing on, amongst other issues, Article 19 and the European Court of Justice decision in Honyvem Informazioni Commerciali Srl v. Mariella De Zotti.
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