Watch now on demand a special session on "Top Tips for Negotiating Agreements with Overseas Distributors," featuring attorneys from Australia and Sweden who specialize in the local laws regarding distributors.

They include:

Patrick Fazzone
Washington Global Law Group
Washington, D.C. USA and Sydney, Australia
 
Richard Jacobsson
Eversheds Sutherland Advokatbyrå AB
Stockholm, Sweden
 
Resources:
 

Discussion points:

  • Should a U.S. company sign an exclusive distributor agreement? 
  • Is there anything U.S. companies should be aware of in Swedish/Australian law regarding such contracts? 
  • Are there any government regulations/laws covering terminating the agreement? 
  • General points to consider when awarding territory (the entire country/portion/neighboring countries?)
  • What is the capacity of the distributor in terms of staff/contacts in the desired region?
  • Is the agreement mutually exclusive? (if the U.S. company agrees to just sell to one distributor, is the distributor agreeing to not sell that U.S. company's competitors products?)
  • What is required in order for the distributor to maintain exclusivity?  Possibly through performance measures, or just rely on good faith effort?
  • How often should the contract/terms be revisited?

For more information, please contact Linda Spencer at lindas@sema.org.