Common Contracts
1 similar Distribution Agreement contracts
Distribution AgreementDistribution Agreement • July 24th, 2020
An important distinction must be made between distributorships where the territory is limited to, or includes, Belgium and those where that is not the case. It is generally accepted that the Belgian Act of July 27, 1961 on the unilateral termination of exclusive Distribution Agreements of indefinite duration (hereinafter the “1961 Act”) is not of mandatory application to the latter category of distributorships and, therefore, the parties can validly choose to apply the law of a country other than Belgium and need not accept the jurisdiction of the Belgian courts. Although slightly less clear, case law now seems to (hesitantly) accept that the parties to this type of Distribution Agreement can even opt for the applicability of Belgian law and the jurisdiction of the Belgian courts while expressly excluding the applicability of the 1961 Act. There is still a fair amount of uncertainty with regard to the first category of Distribution Agreements. Most of the literature adheres to the posi
