Agency and distributorship agreements represent the basic building blocks of trade.  The majority of companies of any country looking to do business outside of their own borders will at some point think about appointing an agent or a distributor.

At a commercial level there are fundamental differences between appointing an agent or distributor.  These differences are magnified by the different laws that exist throughout the world.  Indeed even within the European Union differences exist between the laws of the member states despite the European Self-employed Agents Directive having been made in 1986.  At the same time it can be expected that if the European Commission’s contract law reform project progresses and the Common Frame of Reference becomes law this will still mean that there are differences so far as the law affecting distributorship agreements is concerned. 

But it is not simply an issue of contract law.  Both agency and distributorship agreements require an understanding of competition and sale of goods laws as well as an understanding of which country’s laws will apply and which courts will have jurisdiction in a cross-border situation.
It is also the case, however, that the issues that arise in distributorship agreements in particular can be regarded as minimal when compared to the complexity applying to franchise agreements.  Whether the franchise agreement be:
- concerned with goods or services; or
- at the wholesale or retail level,

there may be specific national laws which are concerned with the regulation of franchise agreements. 
To gain a practical understanding of what works and, more importantly, the pitfalls to avoid, you are invited to attend the one and a half day seminar of the Contract Law Commission of the UIA in Sofia on 14 and 15 March 2008.  You will have the benefit of listening to speakers drawn from many countries around the world who have years of experience of drafting, advising on, and negotiating agency, distribution and franchise agreements.  Ask them questions and, more particularly, take the opportunity to learn from them.

At the same time you will be able to enjoy one of the oldest capital cities in Europe dating from the 8^th century BC.  Enjoy the rich history of Sofia in early spring and at the same time get to know one of the EU’s newest member states.
We look forward to seeing you in Sofia in March and are confident that you will have a very rewarding experience, both professionally and socially.