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| Cobbetts' commercial agency team has extensive experience in advising on disputes between agents and principals arising out the Commercial Agents (Council Directive) Regulations 1993. |
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| These regulations provide considerable protection for commercial agents operating in the European Union. The regulations apply even where the business exporting the products is situated outside the EU and the parties have agreed that the contract is regulated under the law of a non-European Union State. Termination of the agency agreement by the principal can lead to substantial claims including those for compensation (which is assessed at the value of the agency business at the date of termination).
Our commercial agency team advise both principals and agents on issues arising both pre and post-termination. We have the resources, expertise and capability to act in all types of disputes, from straightforward matters to complex, high-value and multi-party claims. We also cover almost every industry sector including engineering, building, chemical, retail, fashion, textiles and timber. One recent case involved an American exporting company with an annual turnover of USD 100 million and a claim of USD 17 million.
In the event that a dispute arises we will provide you with sound commercial solutions that are tailored to meet your individual needs and requirements. We recognise that the approach taken to disputes will vary according to clients’ individual strategic needs. In some cases, that will necessitate an aggressive and robust approach and we have dealt with actions in the County Court, High Court and Court of Appeal. In other cases, a different approach may be more effective and we are equally adept at incorporating dispute resolution procedures (such as mediation) within an overarching commercial negotiation.
We also advise clients in relation to their written terms and conditions and give guidance on how to protect their position, whether operating as an agent or as a principal.
Our commercial agency team has considerable international experience and we regularly deal with disputes involving the Far East, the Middle East, Canada, USA and Europe.
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