Various Clauses in a Cross-Border Commercial Representation Agreement

The paper is devoted to certain types of clauses in a cross-border commercial representation agreement. Particular attention is given to a non-competition clause, compensation clause, a clause on limiting the scope of the contract to a certain category of consumers, anti-corruption clause, applicable law clause, jurisdiction clause, arbitration clause. The paper examines the issue of the possibility of including certain clauses in a cross-border commercial representation agreement and the ratio of the conditions included in the agreement with the possibility of their execution within the framework of the legislation of the respective state. The analysis of the clauses was carried out on the basis of such documents as the Liner Agreement of the Federation of National Associations of Ship Brokers and Agents; Model Commercial Agency Contract Prepared by the International Chamber of Commerce; Baltic and International Maritime Council Dispute Settlement Terms 2016; General Agency Agreement prepared by the Federation of National Associations of Ship Brokers and Agents, etc.

The dichotomisation fallacy of public and private corruption and the quantification dilemma

Purpose This paper aims to examine the concept of corruption and dirty money. Corruption is amorphous and lacks a congruent definition. It is mainly divided into public and private corruption. This divide, is unnecessary, given the fact that both cause incalculable damage to the markets and lager society. Globalisation has necessitated liberalisation and resulted in amalgamating both public and private ventures. This, as a result, has made it more difficult to stick to this. Pronouncements from International Chamber of Commerce (ICC) and the Law Commission’s attitude not to segregate between private and public bribery prior to the legislation of United Kingdom Bribery Act 2010, has added greater impetus to the debate. Attempts to quantify the amount of corruption and money laundering, has equally, hit a dead end. The figures being bandied about are all estimates or “guesstimates” that cannot stand the empirical test. As a result, the conjectures have strong potentials to continue for a longer time. The purpose of this paper is to bring to the fore the need to jettison the long-held perception that public and private corruption should be seen in different lights. Design/methodology/approach This paper relies substantially on both primary and secondary sources in the analysis. Findings Indicatively, the facts tilt towards the conclusion that it is impossible to actually ascertain the quantifiable amount of money that is involved in corruption and the money laundering process. It is an illusion. Originality/value The paper provides the platform that the time is ripe for both public and private corruption to be seen as the same thing, as they both unleash catastrophic consequences on society. The issues of globalisation and liberalisation make this inevitable.

Sofregaz V. NGSC (CA Paris)

On June 3, 2020, the International Commercial Chamber of the Paris Court of Appeal (the Court or the Court of Appeal) dismissed the annulment application brought by the Société Française d'Etudes et de Réalisation d'Equipements Gaziers (Sofregaz, now called TCM FR) of an arbitral award rendered in Paris on December 27, 2018, in favor of the Iranian Natural Gas Storage Company (NGSC), pursuant to the Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce (ICC Rules). The Court ruled in particular that U.S. sanctions against Iran do not form part of French international public order but that European Union (EU) and United Nations (UN) sanctions do. This ruling provides useful guidance on the interaction between international sanctions and international arbitration.

Dampening corruption and money laundering: emissions from soft laws

Purpose The purpose of this paper is to bring to the fore that soft laws should be taken very seriously because they have demonstrated their importance in helping to reduce corruption and money laundering. Liberalisation of the markets and globalisation, undoubtedly, enabled the increase in the volume of commercial and economic interactions among natural and legal persons. As a result, the generation of profits and losses are noticeable. However, it became evident that some of the actors involved in corruption endeavour to dock the regulatory radars by way of laundering their illicit wealth. It is as a result of this, that the authorities reacted to checkmate this by way of fashioning out legislations that have cross-border and national characteristics. However, it was as a result of the inadequacies noticeable in the Conventions and their inability to contain the malaise that the soft laws surfaced to fill the lacunae to help dampen the momentum of corruption and money laundering. These significant soft laws include but not limited to the Financial Action Task Force (FATF), Organisation of Economic Development and Cooperation (OECD), Basel Committee on Banking Supervision (BCBS), Wolfsberg Group (WG) and International Chamber of Commerce (ICC). Although reservations were raised as to the composition of their decision-making apparatus, it is evident that countries still adhere to their pronouncements by way of adaptation, and they have made significant contributions in reducing corruption and money laundering. Design/methodology/approach This paper relies on primary legal documentations such as but not limited to the Financial Action Task Force, Basel Committee on Banking Supervision, Organisation of Economic Cooperation and Development, Wolfsberg Group, International Chamber of Commerce, the United Nations Convention on Corruption 2003, the Foreign Corrupt Practices Act 1977 and the United Kingdom Bribery Act 2010. Findings There is undoubtedly glaring indications that soft laws have made very significant impact to slow down the level of corruption and money laundering in many polities. It is evidently clear that most countries usually adapt the nuances of these laws into their domestic legislations in order not to be frozen out from the financial and economic activities of the dominant wider members. Evidentially, some of these countries may have been excluded from the core decision-making apparatus of the organisations with particular reference to mostly the developing countries. On the whole, the soft laws are a welcome relief in view of the impact that they have made. Research limitations/implications This paper is addressed to policy makers who are concerned on the negative implications of the scourge of money laundering and corruption. They should continue to inculcate the emissions that usually come from soft laws when formulating their policies in planning for economic growth. Originality/value The originality of this paper lies on the fact that it is essential that we awaken the importance of soft laws in containing the malaise as it has become evident that excuses have been made that it was forced on some of the recipient participants.

Competing Imaginaries and the 1970s

The long 1970s was a difficult time for those promoting investment treaties and ISDS. OECD members had not adopted a multilateral convention, and the Global South was demanding a change in the rules of the game. The norm entrepreneurs’ self-confidence was decreasing. In this challenging context, the International Chamber of Commerce took the initiative and put forward a conception of foreign investor obligations consistent with investment treaties and ISDS. This move conceded little to the Global South: the best companions to strong foreign investor rights are weak or even voluntary investor obligations. For a while the outcome was uncertain, as different imaginations competed for the space of international investment law. This chapter examines some of these competitors, including the 1974 UN report on the impact of MNCs, the US position on the topic, and the 1974 UN Charter of Economic Rights and Duties of States.

Features of formation and use of Incoterms rules in different editions

Introduction. The globalization of the world space is an irreversible process and it requires clear generalizations and systematization. In the trade sphere, these are the rules of Incoterms. The study of these rules is quite an actual problem today, considering that nine interpretations have been formed, the last of which took place this year. The purpose of the paper is to analyze the editions of Incoterms, which are published by the International Chamber of Commerce in order to unify the rules of international trade. Results. As of January 1, 2020, nine editions of the rules of international and domestic trade were formed – Incoterms: 1936, 1953, 1967, 1974, 1980, 1990, 2000, 2010 and 2020. The first systematization of the rules of international trade had six conditions (FAS, FOB, CNF, CIF, EXS, EXQ), which directly related to sea or river transport. The next edition took place only 17 years later. This edition adds three terms of delivery, that did not apply to water transport (FOT, FOR and DCP). The third edition was made in 1967, as a result DAF and DDP terms were added. The fourth edition was published in 1974. This led to the inclusion of a new term FOB Airport – «Free on Board Airport». In 1980, the term FRC (Free Carrier… Named at Point) was introduced. All versions of the rules before 1990 were based on the introduction of additional terms that would be convenient to use in international trade. And in 1990, the International Chamber of Commerce updated the list of Incoterms by eliminating inapplicable and introducing new terms. A new version of the rules was published in 2000, however, neither the quantity nor the names of the terms of delivery have changed. The interpretation of certain terms has changed. The eighth edition was made in 2010, but came into force on January 1, 2011. This interpretation presents eleven conditions of Incoterms. The eighth edition introduced significant changes into the group “D”. The ninth version of the terms of international deliveries came into force on January 1, 2020, indicating the main changes related to product insurance, replacement of delivery from the group “D”, changes in the order of items within the definition of obligations of buyer and seller, etc. Conclusions. The Incoterms rules do not replace the contract between the buyer and the seller, they only define the main obligations, risks and costs, unless otherwise agreed by the parties of the contract. Incoterms are extremely important in the unification of international trade and they will change in the process of international trade in case of occurrence of such a need.