Welcome

Problems & disputes

Agent involved in production
Agent's rights on termination
Agent/distributor handling competing wine
Agent/distributor selling outside his territory or sector
Applicable law
Change in control
Choice of law – agency and distribution agreements
Commission
Compensation on termination
Compensation on termination of agency
Compensation on termination of agency – assessment
Compensation on termination of agency – assessment – detailed principles
Compensation on termination of agency – assessment – what happens in practice
Competition from ex-agent or distributor
Competition law
Contract – can compliance be enforced?
Contract – can we be bound by a contract we never signed?
Contract – notice of termination
Contract – quality problems
Damages claims
Debt collection by agent
Defective products
Dispute resolution
Distributor's rights on termination
Good faith
Goodwill
Implied terms
Indemnity
Insolvency
Investment by agent/distributor .... or by producer
Jurisdiction
New wines — are they included in the contract or not?
Orderly termination
Payment – protecting yourself against late payment or non-payment
Poaching of agent/distributor's staff by producer .... and vice versa
Problems with agents or distributors
Producer acquires a new winery subject to different agency
Producer dealing with customers himself or through another agent or distributor
Producer planning to terminate
Repudiation
Restrictions between producers and agents or distributors
Restrictive covenants – importer's employees
Restrictive covenants – producer's employees
Retention of title
Retention of title and sub-sales
Set-off
Tax on compensation
Termination of agency or distributorship
Underperformance by agent or distributor