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Cross-Border Distributor Agreement in National Legislation and International Commercial Practice
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Cross-Border Distributor Agreement in National Legislation and International Commercial Practice
Abstract
PII
S1991-32220000622-3-1
DOI
10.12737/jzsp.2023.037
Publication type
Article
Status
Published
Authors
Natalia Vlasova 
ORCID: 0000-0001-8167-4143
Occupation: Senior Researher, Department of Private International Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 19 No. 3
Pages
78-89
Abstract

Formalization of relations aimed at organizing the sale of goods abroad through a distribution agreement has become widespread in domestic and cross-border commercial turnover. However, in most legal systems, the legal nature of this agreement is not legally defined, and it is qualified in different ways in appropriate legislative regulation or judicial practice (as a supply contract, franchising, concession, agency, mixed contract, agreement of a special kind (sui generis)).

The objectives of the study are to determine the characteristic features and essential features of cross—border distribution relations, as well as to build legal models for resolving a conflict of laws issue in the relations of the parties under a distribution agreement that has a foreign element in its composition, including the application of super-mandatory norms to them.

In the article, using formal legal, comparative legal, systematic methods and methods of legal modeling, the legal nature of the distribution contract under the national legislation and judicial practice of Russia and certain foreign countries is studied; its conflict-of-laws regulation is investigated; the existing international regulators of the cross-border distribution contract are analyzed.

Conclusions are formulated: on the unsatisfactory level of international regulation of a cross-border distribution agreement, which is fragmentary in nature and on a number of issues contradicting the norms of national antimonopoly legislation of a superimperative nature; strengthening the importance of special conflict-of-laws regulation of a cross-border distribution agreement, which should be mediated by the norms of substantive legislation defining the legal nature of this agreement, for the application of relevant conflict-of-laws bindings and superimperative norms to it.

Keywords
organization of product sales, cross-border distributor agreement, mixed agreement, framework agreement, standard distribution contract, International Chamber of Commerce, superimperative norms, antitrust legislation
Date of publication
13.06.2023
Number of purchasers
12
Views
202
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0.0 (0 votes)
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Additional sources and materials

1.	Andreeva S. A. Qualification of a distribution agreement under Russian law and delineation from related contractual structures. Konkurentnoe pravo, 2013, no. 3, pp. 16—20. (In Russ.)
2.	Borisova A. B. Contract with distributor. Journal of Russian Law, 2005, no. 3, pp. 56—64. (In Russ.)
3.	Doronina N. G. (ed.). Certain types of obligations in private international law. 3rd ed. Moscow, 2021. 432 p. (In Russ.)
4.	Doronkina V. Yu. Implementation of the distribution agreement in Russian law. Cand. diss. St. Petersburg, 2016. 166 p. (In Russ.)
5.	Grigorev T. Yu. Cross-border distribution agreement and trade representation agreement in Russian and foreign law. Cand. diss. Moscow, 2018. 246 p. (In Russ.)
6.	Grigorev T. Yu. Features of cross-border distribution and commercial agency agreements. Pravo i ekonomika, 2012, no. 7, pp. 27—35. (In Russ.)
7.	Kanashevskiy V. A. Distribution agreements with a foreign person in Russian commercial practice: substantive and conflict of laws issues. Zakon, 2008, no. 10, pp. 31—36. (In Russ.)
8.	Kanashevsky V. A. Problem of Characterization in Private International Law. Journal of Russian Law, 2021, vol. 25, no. 9, pp. 33—46. (In Russ.) DOI: 10.12737/jrl.2021.109.
9.	Karapetov A. G., Savelev A. I. Freedom to conclude unnamed contracts and its limits. Vestnik Vysshego Arbitrazhnogo Suda Rossiyskoy Federatsii, 2012, no. 4, pp. 12—56. (In Russ.)
10.	Lazareva T. P., Shestakova M. P. Some Issues of Choosing Applicable Law in the Practice of Resolution of Foreign Economic Disputes. Journal of Foreign Legislation and Comparative Law, 2019, no. 6, pp. 69—83. (In Russ.) DOI: 10.12737/jflcl.2019.6.6.
11.	Lunts L. A. Private International Law Course. Moscow, 2002. 1007 p. (In Russ.)
12.	Marysheva N. I., Yaroshenko K. B. (eds). Commentary to the Civil Code of the Russian Federation. Part Three (article-by-article). 4th ed. Moscow, 2014. 688 p. (In Russ.)
13.	Maslova V. A. Organizational nature of the distribution contract. Grazhdanskoe pravo, 2013, no. 3, pp. 26—30. (In Russ.)
14.	Maslova V. A. The place of the distribution agreement in the system of trade agreements. Vestnik Moskovskogo universiteta. Seriya 11. Pravo, 2011, no. 3, pp. 49—64. (In Russ.)
15.	Mazhorina M. V. Choice of Applicable Law to Transboundary Mixed and Unnamed Contracts. Journal of Russian Law, 2012, no. 10, pp. 72—81. (In Russ.)
16.	Petrov V. Restrictions on the territory and buyers in distribution agreements. Konkurentsiya i pravo, 2013, no. 4, pp. 66—71. (In Russ.)
17.	Rasskazova N. Yu. (ed.). Model rules of European private law. Moscow, 2013. 987 p. (In Russ.)
18.	Strigunova D. P. On the content of the international distribution agreement and the unification of its normative regulation within the EAEU. Yurist, 2017, no. 13, pp. 11—19. (In Russ.)
19.	Strigunova D. P. Problems of legal regulation of the international distribution agreement. Sovremennoe pravo, 2015, no. 2, pp. 134—139. (In Russ.)

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