1. Research on arbitral decisions in international distribution
IDI – June 12, 2010

2. Plan I. Présentation of the research II. Result of the research
III. Conclusion
IDI – June 12, 2010

3. Distribution agreements taken in the widest meaning :
A research on arbitral decisions in international distribution PRESENTATION OF THE RESEARCH
OBJECT
Distribution agreements taken in the widest meaning :
intermediation : agency, commission ;
exclusive distribution : exclusive supply, distributionship agreement ;
non-exclusive distribution ;
sales ;
know-how licenses.
IDI – June 12, 2010

4. Published or commented arbitral decisions.
A research on arbitral decisions in international distribution PRESENTATION OF THE RESEARCH
SOURCES
Published or commented arbitral decisions.
Non-exhaustive character of the decisions.
Partial content of the decisions.
IDI – June 12, 2010

5. A research on arbitral decisions in international distribution PRESENTATION OF THE RESEARCH
GOAL
The research aims at revealing if there is a specificity in arbitral decisions in comparison with judicial decisions.
If there is one, this study allows us to assess in a comparative way the relevance of each.
If there is none, this study allows us to assess the interest of arbitration litigation.
IDI – June 12, 2010

6. Plan I. Présentation of the research II. Result of the research
III. Conclusion
IDI – June 12, 2010

7. A research on arbitral decisions in international distribution RESULT OF THE RESEARCH
APPLICABLE LAW
It seems that the law chosen by the parties is generally respected by arbitrators, sometimes even when there are national public order provisions (cf. Belgian dispute).
In the absence of a law chosen by the parties, the arbitrators tend to privilege the law of the distributor, whether he is an agent or a reseller, but the solution does not find a generalized application.
IDI – June 12, 2010

8. OBJECT OF THE LITIGATION
A research on arbitral decisions in international distribution RESULT OF THE RESEARCH
OBJECT OF THE LITIGATION
As regards the intermediation : disputes concern essentially the intermediary’s indemnity at the end of the contract and occasionally corruption / bribery.
As regards the resale : disputes concern essentially non-fulfillment and abusive termination.
It should be observed that competition law, when invoked by the parties, is systematically applied by the arbitrators.
IDI – June 12, 2010

9. A research on arbitral decisions in international distribution RESULT OF THE RESEARCH
SOLUTIONS
The arbitration solutions seem generally classic, that is to say corresponding to judicial solutions, but marked by a concern for equity or fairness which is translated by moderate decisions or evenly balanced between the parties and thus less dogmatic than those that would result from the normal application of the law.
We can notice :
a restrictive assessment of force majeure to remove its effect,
a flexible assessment of the obligation to limit its sanction (particularly in sales quota),
a strict assessment of tolerance or waivers to prevent an enforcement of penalties for breaches.
When the contracting parties belong to groups, the arbitration lends to lead to an involvement within the field of the dispute all the others entities belonging to the group. 
IDI – June 12, 2010

10. Plan I. Présentation of the research II. Result of the research
III. Conclusion
IDI – June 12, 2010

11. A research on arbitral decisions in international distribution CONCLUSION
To resume a formula already applied to mediation, we can say that arbitration aims at balance or fairness rather than at a strict application of justice («justesse plutôt que justice»), which contrasts «dura lex, sed lex» from the spirit of compromise.
IDI – June 12, 2010