International Trade and Distribution
Mediation examples:
a two-day mediation concerning a long-term raw material supply contract;
a multi-party, multi-jurisdictional dispute concerning the supply of raw materials involving issues of foreign law liens, guarantees, reservation of title, etc;
a mediation in the course of an LCIA arbitration arising out of a sales agency agreement between a US company and a Scandinavian company, the main focus of the dispute being on the commission ‘trigger’ in the agreement;
a three-party dispute involving a manufacturer of technical equipment used in the energy sector, a supply chain partner and end user in proceedings arising out of various shipments of products and the making of demands under various performance guarantees;
numerous sale of goods disputes, many cross-border and in a variety of sectors, for instance, those raising issues of compliance with ISO and BSI Standards, Certificates of Conformity, disputed manufacturing test certificates, CE approvals (EU Directive No. 2006/95/EC), etc;
a dispute concerning an exclusive distribution agreement in the automotive sector;
a dispute between a major motor vehicle brand and a foreign (sole incumbent) distributor over a procurement exercise in which the incumbent was unsuccessful;
a dispute arising out of the trading of gold;
a dispute arising out of an agreement giving sole distribution rights in a particular jurisdiction and loss associated with alleged breach, including issues such as computation of 'Wrotham Park' damages;
a dispute arising out of a supply agreement with discussion focusing on product returns, swap out pools, marketing allowances and markdown;
a dispute between a food retailer and beverages manufacturer arising out of a long term supply agreement;
a dispute in the pharmaceutical sector concerning distribution of various pharmaceutical products under a distribution agreement containing a 'take or pay' clause, the dispute concerning an alleged common assumption/common mistake made by the parties as to the size of the market (and potential for growth) and potential market share;
