2023 IDI Annual Conference

To what extent can you trust that your distribution or franchise contract will not be reinterpreted or rebalanced by Courts

Distribution and franchise agreements are almost always concluded between parties having a different negotiating power. Lawmakers and courts tend to deal with this issue by protecting in various ways the “weaker” parties against possible abuses of their counterparts. This “rebalancing” of the respective positions can be made by imposing protective rules regarding specific situations (such as rules providing minimum terms for termination), or through the recourse to more general rules (like good faith or abuse of economic dependence) applied by the courts (or other authorities) to specific situations of imbalance.

The material impact of this protective trend varies substantially from country to country, due to the difference of legal rules and principles in force. 
The purpose of the Yearly Conference 2023 of the International Distribution Institute is to analyse these less foreseeable situations in the light of the case law of various countries and to discuss a number of critical clauses and situations, in view of identifying possible alternative solutions which may achieve a reasonable balance between the interests of franchisors/suppliers and their “weaker” counterparts.

Dr Raimond Emde gives a lecture on the topic "Setting-off the clients’ portfolio with the goodwill indemnity".

Further information and the full programme can be found here.