International Arbitration and EU Law
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International Arbitration and EU Law

Edited by José R. Mata Dona and Nikos Lavranos

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
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Chapter 10: THE LAW GOVERNING COMMERCIAL AGENCY AGREEMENTS

Dodo Chochitaichvili

Abstract

This article addresses the question of the law governing commercial agency agreements. It analyses the European Court of Justice case law related to conflict-of-laws issues involving the application of the European Directive 86/653 on self-employed commercial agents. The Directive aims at harmonising national laws which govern the relationship between commercial agents and their principals by ensuring a minimum level of protection for commercial agents. Throughout the Ingmar and Agro cases, this article examines the objectives of the Directive, the special status of compensation and indemnity regime provided by the Directive as well as the territorial scope and the connecting factor with this Directive. It then reviews the sources of conflict-of-laws and the definition of overriding mandatory rules through the Unamar case. Finally, it addresses the question of arbitrability of commercial agency agreements mainly from a Belgian perspective in light of the controversy which took pace in that country due to the specificities of the Belgian Agency Law.

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