The new ICC Model Contract on Commercial Agency 2015

Incoterms
et commerce
international
TERRALEX CONNECTIONS
15 SEPTEMBRE 2015
Tous droits réservés
Christoph Martin Radtke
Avocat à la Cour, associé
Christoph Martin Radtke
Lamy & Associés (Lyon - Paris)
Président de la commission Droit et Pratiques
du Commerce International d’ICC France
The new ICC Model Contract
on Commercial Agency 2015
le co nc en tr é
Commercial agents form a vital part of any strategy of
international commercial development, for they have proven
to be effective means of action. They allow a company to enter a
new market or to grow in a given territory by using experienced
local sales representatives, who act independently, without
forcing the company to build a costly local structure. With
globalisation on the move, many companies, including SMEs,
use the services of commercial agents in numerous countries
around the globe.
Plus d’informations sur l’ouvrage
en question page 72.
M
oreover, a number of markets are generally inaccessible to foreign entities;
the single way of entry being the use
of local intermediaries. Although commercial agents act independently, it is
essential for the company to obtain and retain a firm
grasp of the relationship with the agent. Only a
contract specifically adjusted to this situation
can guarantee certainty and predictability for both
parties involved. Many a company have suffered
the repercussions of their (unfortunate) choice not
to write down anything in order not to be bound.
All the more so, since in most countries, the absence
L ’a c t u a l i t é
of a written contract does not lead to the conclusion
that no contract exists.
The need for a model contract on international
commercial agency arose early on in the world of
business, which is why, in 1991, the agency contract
started the model contract series drafted by the
world business organisation. As a matter of fact,
the area of commercial agents was and remains
up until today untouched by any endeavours of
international harmonisation of rules (with the
exception of the European Union). Instead, it is the
cohabitation of a multitude of national bodies of
law, one very different from the other, that prevails.
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