ICC Model Commercial Agency Contract

No. @766E

ISBN : 978-92-842-0345-1

The ICC Model Contract on Commercial Agency is for parties negotiating agency agreements abroad who face a major difficulty: the lack of uniform rules. There is no internationally agreed uniform legislation for agency agreements, and so parties have to rely on national laws. Not only do these laws differ from country to country, but they do not take into account the international nature of the contract.

Updated in 2015 to take into account recent developments in the law of agency, this model contract is not based on specific national laws; instead it incorporates the prevailing practice in international trade as well as the principles recognized by the domestic laws on agency. This model contract addresses questions of sales through the Internet, indemnity, arbitration and the principles of law generally applicable to agency contract (“lex mercatoria”).

It includes a USB key presenting the text of the contract in a user friendly and fully editable format, allowing you to adapt the contract to your specific needs.

The Model contract can be used time and time again. Concise and practical, the ICC Model Contract on Commercial Agency meets the needs of both individuals and companies exporting as well as lawyers.

Code ISBN : 978-92-842-0345-1
Number of pages : 54
Publishing date : 2015
Language : English
Format in cm : 21*29.7

FOREWORD

  • CONTENTS
  • INTRODUCTION 

1.    A UNIFORM MODEL FORM FOR INTERNATIONAL TRADE

2.    SCOPE OF APPLICATION

2.1. International agreements

2.2. Agent acting as reseller

2.3. Contracts with employed agents

2.4. Buying agents

2.5. “Service” agents

2.6. Consignment of the goods

2.7. Agency as primary activity

3.    THE APPLICABLE LAW

4.    ANTITRUST RULES AND AGENCY

5.    SALES THROUGH THE INTERNET

6.    PROVISIONS ON INDEMNITY

7.    RESOLUTION OF DISPUTES: ADR, ARBITRATION, NATIONAL COURTS

7.1. Arbitration

7.2. Jurisdiction of national courts

7.3. ADR/Mediation

8.    PRECAUTIONS FOR USE OF THE MODEL FORM 

9.    MODEL FORM OF INTERNATIONAL AGENCY CONTRACT

  • ANNEX I: PRODUCTS, TERRITORY AND CUSTOMERS
  • ANNEX II: PRODUCTS AND PRINCIPALS REPRESENTED BY THE AGENT
  • ANNEX III: ADVERTISING AND OTHER MARKETING ACTIVITIES
  • ANNEX IV: GUARANTEED MINIMUM TARGET
  • ANNEX V: COMMISSIONS
  • ANNEX VI: CHANGE OF CONTROL, OWNERSHIP AND/OR MANAGEMENT IN THE AGENT-COMPANY
  • ANNEX VII: ICC MODEL CONFIDENTIALITY CLAUSE 2006
  • APPENDIX 1: EEC DIRECTIVE 86/653
  • APPENDIX 2: ICC ANTI-CORRUPTION CLAUSE
  • APPENDIX 3: ICC PRINCIPLES TO FACILITATE COMMERCIAL NEGOTIATION
  • ICC’S INTERNATIONAL CONTRACTS SERIES

RELATED READING

  • ICC AT A GLANCE

Fabio Bortolotti (Italy) and by Professor Didier Ferrier (France).

The model benefited from the active participation of the following working group members: Horst Becker (Germany), Dragan Beljic (Serbia), Silvia Bortolotti (Italy), Madalena Caldeira (Portugal), José Maria Corrêa de Sampaio (Portugal), Andrej Friedl (Slovenia), Valle Garcia de Novales (Spain), Mariaelena Giorcelli (Italy), Bernhard Köck (Austria), Stephan Kranebitter (Austria), Galyah Natan-Epstein (Israel), Sven Petersen (Denmark), Christoph Martin Radtke (France), Olufunmilayo Ajike Roberts (Nigeria), Michael Svendsen (Denmark), Jaap van Till (Netherlands), Koen Vanheusden (Belgium), and Angelika Zoder (Austria) .

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