IDI Annual Conference 2023
The 2023 IDI Annual Conference, which focused on the pressing topic of "Restrictions on the Freedom of Contract- To what extent can you trust that your distribution or franchise contract will not be reinterpreted or rebalanced by Courts." was held in Bologna on 9-10 June 2023.
Prof. Dr. H. Ercüment Erdem, Founder and Senior Partner of Erdem & Erdem Law Office and IDI agency and distribution country expert for Turkey chaired the afternoon session discussion panel on the "Validity and Effectiveness of Jurisdiction and Arbitration Clauses on June 9, Friday at the conference. Christophe Hery from Altaïr Avocats, Pascal Hollander from Hanotiau & van den Berg, IDI franchising country expert for Belgium and Dr. Stephan Jäger from Jaeger Heintel Rechtsanwälte mbB; IDI agency and distribution country expert for Saudi Arabia took part as speakers in the panel.
The Discussion Panel on the Validity and Effectiveness of Judiciary and Arbitration focused on the challenges surrounding the restrictions on the freedom of contract in distribution and franchise agreements. The panel discussion shed light on the emerging trend in several jurisdictions where jurisdiction and/or arbitration clauses in these agreements are being challenged. These clauses, although legally compliant and in line with applicable international conventions, are being declared null and void by national courts or public authorities. This declaration is based solely on the assumption that such clauses place the weaker party in an excessively burdensome position. Participants engaged in insightful deliberations on the implications of this trend, emphasizing the need to strike a balance between protecting the interests of the weaker party while respecting the freedom of contract and the legal framework governing these agreements. The panel also explored potential solutions and strategies for maintaining contractual stability and trust in the face of such reinterpretations or rebalancing by the courts.
The conference brought together legal experts, scholars, and industry professionals and Participants engaged in lively discussions and shared valuable insights.
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