IDI CONFERENCE 2020

IDI CONFERENCE 2020 Madrid, 25-26 September 2020

JURISDICTION AND APPLICABLE LAW IN DISTRIBUTION Developing strategies for limiting disputes and favoring

negotiated solutions

The choice of governing law and dispute resolution clauses (choice of forum, arbitration, mediation, etc.) constitutes one of the most significant choices when negotiating and drafting international agency, distribution and franchise agreements. In fact, providing a balanced and effective framework for possible future disputes will favour a spontaneous compliance with the contract terms and reduce the risk of disputes.

When negotiating and drafting contracts, parties normally prefer resorting to standard solutions, such as the choice of their own national law and the jurisdiction of the courts of their country, which may not always be the best option in the case at issue. These simplistic solutions are due mainly to the lack of a strategy for approaching these issues. In order to overcome this problem, a more in-depth anal-ysis of the various options and their pros and cons, is essential precondition for establishing a strategy which can be adapted to different situations.

However, even by adopting the most appropriate contractual solutions, parties cannot exclude the occurrence of conflicts which can turn to a dispute. An appropriate choice of applicable law and juris-diction will put a party in a safer position in case of litigation, which is certainly a substantial advantage when negotiating a settlement of the dispute. It is in fact in the parties' interest to avoid litigation by negotiating a reasonable compromise between themselves or with the assistance of a third party (ADR or mediation procedure).

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The main purposes of our 2020 Annual Conference are:

• discussing and understanding the main issues regarding law and jurisdiction in order to facili-tate a reasoned approach to these closely connected topics, and to develop a strategy which can be adapted to the specific needs of each case, and

• analysing and discussing the various means for overcoming possible disputes through negoti-ation and mediation

Friday 25 September 2020 9:00 - 17:30

MORNING SESSION

CHAIR Fabio Bortolotti, Buffa Bortolotti & Mathis, Turin; Chair IDI

08:30-09:00 Registration

09:00-09:30 Welcome

Fabio Bortolotti, Buffa Bortolotti & Mathis, Turin; Chair IDI, IDI country expert for Italy

Silvia Bortolotti, Buffa Bortolotti & Mathis, Turin; Secretary General IDI, IDI country expert for Italy

Member of the Managing Board of the Madrid Bar

Luisa Masuet, Chair of the Asociación Española de Franquiciadores (AEF), General Counsel of McDonald’s Spain

09:30-09:50 The importance of choice of law and jurisdiction

Jurisdiction and governing law are two fundamental issues to be addressed when negotiating international commercial agreements. A wrong choice may have dramatic consequences, while an appropriate choice may substantially reduce the risk of disputes and litigation.

When facing this choice, parties would like to have standard solutions (like for instance “my law and my courts” or “English law and arbitration in London”) for general use in all of their agreements, but this is not advisable, considering the variety of conditions applicable to each transaction. Consequently, negotiators must identify the best (or least bad) combination of jurisdiction and applicable law for the specific agreement. They must ask themselves how the various options regarding choice of law and jurisdiction may impact the performance and effectiveness of the agreement.

The purpose of this first part of the yearly conference is precisely to try to identify the main strategies applicable in typical situations arising in the context of distribution.


09:50-10:10 Combining jurisdiction and applicable law

When negotiating an international agreement, parties should always identify beforehand the best combination regard-ing jurisdiction and governing law.

These two aspects should not be considered separately: it is the combination between the two that can warrant an appropriate level of protection in case of breach and/or dispute.

The speaker will analyse this aspect with a practical approach, also providing examples of bad and good combinations.

Marcel Fontaine, Marcel Fontaine, emeritus Professor of Law, University of Louvain

10:10-10:40 DISCUSSION PANEL. Dealing with overriding mandatory rules

Overriding mandatory rules are rules that national legislators qualify as rules which cannot be derogated through the choice of another law. Several countries have enacted rules of this kind in order to protect local agents, distributors, franchisees. In some cases, legislators also provide that disputes regarding these matters are reserved to the exclusive jurisdiction of local courts.

Parties may try to avoid these rules by submitting their agreement to a less protective legislation, but in this case the choice of law will be ineffective in the country of the counterpart. They may try to agree to the jurisdiction of a foreign court or arbitration, but in this case the foreign judgment or arbitral award may not be recognized in the country of the counterpart.

Moreover, the counterpart will be able to bring a claim in its own country, in disregard of the jurisdiction (or arbitration) clause, whenever the local law reserves exclusive jurisdiction to its courts.

What strategy is recommended in order to cope with overriding mandatory rules of the law of the counterpart (agent, distributor, franchisee)?

CHAIR: Burghard Piltz, Ahlers & Vogel, Hamburg; IDI country expert for Germany

Mercedes Clavell, Arco Abogados, Barcelona; IDI country expert for Spain

Stephan Jäger, Jäger Heintel, Munich; IDI country expert for Saudi Arabia

Patrick Rohn, Thouvenin Rechtsanwälte, Zurich; IDI country expert for Switzerland

10:40-10:50 Discussion

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10:50-11:20 Coffee break

11:20-11:50 DISCUSSION PANEL. Choosing effective dispute resolution clauses in distribution

What strategic choice is preferable for dispute resolution clauses? Domestic jurisdictions or arbitration? Should the approach be different for agency, distributorship, or franchising?

The effectiveness of arbitration clauses reserving payment disputes and injunctive relief (e.g., within a franchise rela-tionship) to domestic courts and possible alternatives.

Defensive strategy (where principal risks only a claim by the counterpart – agent); offensive strategy, when a party needs to enforce claim against the other party. EU or extra-EU contracts?

CHAIR: Silvia Bortolotti, Buffa Bortolotti & Mathis, Turin; Secretary General IDI, IDI country expert for Italy

Deborah S. Coldwell, Haynes and Boone LLP, Dallas

Federico Rizzo, Diadora, Caerano San Marco

Stefano Rovej, Iveco, Turin

11:50-12:10 Drafting the arbitration clause. Civil law and common law approach?

Drafting a good arbitral clause is not an easy task. Apart from the aspects normally considered by drafters (e.g. number of arbitrators and place of arbitration), the scope and effectiveness of some clauses is sometimes not carefully evalu-ated: for instance, scope of the clause, possible inclusion of pre-contractual/tort claims (especially in case of franchis-ing).

Kristin Corcoran, Franchise World Headquarters, LLC, Subway, Milford

Jean-Paul Vulliéty, Lalive and Partners, Geneva

12:10-12:30 Selecting specialized arbitrators and applying specific rules designed for distribution disputes: the IDArb Recommendations

In order to facilitate the recourse to arbitration in the field of distribution, IDI has established, in collaboration with the Geneva Chamber of Commerce and the Swiss Chambers Arbitration Institution (SCAI), a list of arbitrators experienced in distribution matters and a set of additional recommendations for distribution disputes.

Stefano Paolo Catelani, Calimala Legal, Geneva


13:00-14:30 Lunch

AFTERNOON SESSION

CHAIR Jaap Van Till, Loyal Law firm, Amsterdam; IDI country expert for Netherlands

14:30-15:10 Developing negotiation skills for an effective settlement

When parties start litigating, often personal and subjective elements come into play, or parties remain anchored on questions of principle, or the attorneys are more interested in starting the Court or arbitral proceedings, etc.

What are the important strategies and tips for overcoming these obstacles and getting to an effective settlement, instead of litigating?

Ron Gardner, Dady & Gardner PA, Minneapolis

Dave Koch, Plave Koch PLC, Reston

15:10-15:45 DISCUSSION PANEL: Preparing and handling mediation procedures

Mediation can provide a cost-effective and quick extrajudicial resolution of disputes: it is a process tailored to the needs of the parties, and agreements resulting from mediation are more likely to be complied with voluntarily and to preserve an amicable and sustainable relationship between the parties. How can parties choose a good and impartial mediator or mediation institution and how to deal with other cross-border components (place, language, applicable law), and the enforceability of the agreement reached? How to prepare and handle the mediation process?

CHAIR: Ignacio Alonso, Even Abogados, Madrid; IDI country expert for Spain

Thelma Butts, Butts Associates, Madrid

Dana Dombrowski, Corporate Counsel at Snap-on Incorporated, Kenosha

Carlo Mosca, Mosca & Associati, Treviso


16:15-16:50 DISCUSSION PANEL. Arbitrating distribution disputes: the point of view of business

Submitting distribution disputes to arbitration, instead national courts, is a very challenging decision for principals. This panel intends to discuss with in-house counsels the actual experience made when engaging in an arbitration procedure.

• Identifying an appropriate arbitration institution

• Warranting a speedy procedure

• Choosing the right party arbitrator and agreeing on the chairman with the counterpart

• Limiting cost of arbitrators and counsels?

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CHAIR: Pascal Hollander, Hanotiau & van den Berg, Brussels; IDI country expert for Belgium

Juan Pablo Correa, Law Professor at University of Barcelona and Toulouse 1 Capitole

Souichirou Kozuka, Professor at Gakushuin University, Tokyo

Antonio Papalino, L’Oreal Italia, Milan

Lucilla Talamazzi, Pronovias, Barcelona

16:50-17:00 Distribution news worldwide:

The consequences of Brexit: Sakil A. Souleman, Reedsmith, London

General Meeting of IDI members 17:30 - 18:30

At this general meeting, to which non-members are also invited, the officers of IDI will inform the members about the current situation of the Association, the results achieved in 2019 and the plans for the following years.

The participants will be kindly invited to share their views and opinions about the activity of IDI and make sugges-tions for the future.

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Saturday 26 September 2020

Workshops Session 09:30 – 13:00

Workshop 1: Recent trends in franchisee’s protection among different jurisdictions

Although in most jurisdictions franchisees are considered independent entrepreneurs, freely agreeing to the franchise agreement terms proposed by franchisors, many national Courts tend to grant them, in various circumstances, an additional layer of protection. The protection may even go against or beyond the contractual provisions agreed upon between the parties. The result of this trend is that franchise agreement provisions that are perceived as too unbalanced risk being considered by Courts as ultimately invalid or ineffective.

How such protection is granted varies from jurisdiction to jurisdiction and is obviously closely connected to the circumstances of each specific case.

Protection is sometimes granted with reference to the pre-contractual relationship, e.g. when a franchisee’s actual earnings are significantly lower than unrealistic sales projections and representations made by the franchisor, even when those representations were outside the scope of the contract. In other cases, courts may invoke the invalidity of clauses considered too unbalanced; sometimes even recognizing to the franchisees rights (e.g. on exclusivity or termination) which were not provided (or to a more limited extent) by the contract.

The purpose of this workshop is to examine and compare the approaches of Courts in different jurisdictions, with respect to contractual interpretation, application of the general principle of fair dealing and good faith, etc. with a very practical approach. For example, the workshop will examine the real consequences of relevant decisions and the effects for the specific franchisees (e.g. amount of damages granted; allowing the franchisee’s termination where not provided by the contract; etc.), in order to arrive at the best strategies for franchisors, aimed at facing and, to the extent possible, avoiding such situations.

CHAIR Cristobal Porzio, Porzio, Rios, Garcia & Asociados, Santiago; IDI country expert for Chile

09:30-09:40 General introduction: are contractual terms always a “safe harbour” for the franchisor?

Most countries do not have specific rules protecting the franchisee during the contractual relationship, but only disclo-sure laws referring to the pre-contractual phase of the relationship. In this context, the terms of the contract, provided that they do not violate mandatory rules, should in principle be accepted and applied by Courts, even in cases in which they are unbalanced in favour of the franchisor.

However, according to a recent trend, Courts may try to avoid the strict application of unbalanced contractual clauses, by invoking general contract law principles, like good faith and fair trading, misrepresentation, the contra proferentem rule, etc.

To what extent can franchisors still rely on the strict application of clauses which may be considered unbalanced in the context of some typical situations?

Jordi Ruiz de Villa, Fieldfisher Jausas, Barcelona

09:40-10:10 PANEL. Overcoming and enforcing disclaimers of franchisor liability for earnings representations

Franchise agreements often contain language in which franchisees disclaim reliance on representations that are made outside of the contract, franchisors disclaim liability for pre- execution representations, and in which franchisees acknowledge that franchisors have made no financial performance representations. However, if a franchisee’s business is unsuccessful, the franchisee will inevitably try to overcome this language.

What remedies and defenses are available to franchisees who confront these challenges? How do franchisors deal with regulatory and other restrictions on using disclaimers and limitations of their liability?

CHAIR: Carl Zwisler, Lathrop GPM, Washington; IDI country expert for USA

Sara Citterio, Trussardi, Milan

Tony Conaghan, Thomsons Lawyers, Brisbane; IDI country expert for Australia

Tessa De Monnink, Parker Advocaten, Amsterdam; IDI country expert for Netherlands

10:10-10:40 PANEL. Effectiveness of clauses confirming that parties have satisfied certain pre-contractual obliga-tions

Several jurisdictions provide rules on disclosure aimed at protecting the franchisee, which impose strict obligations upon the franchisor: information about the franchise, the network, contractual conditions, etc.

Franchisors try to overcome possible future problems by requesting the franchisee to sign clauses whereby he or she expressly acknowledges that all requested conditions were observed. Can the franchisee prove the contrary, even in presence of an entire agreement clause? Can Courts require specific evidence that the franchisee has actually received proper disclosure?

CHAIR: Eduardo Kleinberg, Basham, Ringe y Correa, S.C., Mexico City

Emanuele Cristoferi, Belron International (Carglass), Milan

Mônica Vitor Alves, General Counsel PAUL Monde, Marcq en Barouel


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11:10-11:40 PANEL. Issues regarding exclusivity/encroachment

Many franchisees believe that they need a minimum degree of territorial protection in order to efficiently develop their business. In some cases, the franchise agreement expressly provides for a territorial exclusivity; in others no exclusivity is expressly granted, and the franchisor retains the right to establish other franchises or his own outlets near to the franchisee.

In the first case (express exclusivity) several problems of interpretation may arise, regarding borderline situations, like sales through other channels, sales through a franchise network belonging to the same group of companies.

In the second case (non-exclusivity) Courts may recognize an implied right of the franchisee to be protected against competition by members of the same network or by the franchisor, in cases where this would seriously affect his busi-ness.

To what extent can clauses which expressly recognize franchisor's right to establish franchises or its own outlets be effective?

CHAIR: Beata Krakus, Greensfelder Hemker & Gale, Chicago

Annabel Dunster, Hamilton Pratt, London

Karsten Metzlaff, Noerr LLP, Hamburg

11:40-12:10 Broad contract interpretation as a remedy against unbalanced clauses

Another means that Courts may use for protecting franchisees against perceived unbalanced contract clauses is to adopt a restrictive interpretation, in order to exclude their application from situations which should not have been reasonably intended to fall under the clause.

In particular, clauses providing extensively worded obligations of the franchisee (e.g. obligation to accept changes to the image of the shop; unlimited right of franchisor to approve nearby locations of competing franchisees) may be interpreted restrictively with respect to situations where a strict application of the clause would be contrary to good faith and fair dealing.

To what extent does the approach to this issue differ between common law and civil law?

CHAIR: Maged Ackad, Ackad Law Office, Cairo; IDI country expert for Egypt

Hector Ferreira, Hughes & Hughes, Montevideo; IDI country expert for Uruguay

Hikmet Koyuncuoglu, Koyuncuoglu & Koksal Law Firm, Istanbul; IDI country expert for Turkey

12:10-12:30 Conclusion: possible strategies

It is important, for franchisors, when approaching a foreign country, to check the effectiveness of their standard fran-chising contract, not only with respect to mandatory statutes of that country, but also with respect to the way courts tend to protect franchisees against unbalanced contract clauses. And, in case such risk appears to be present, they should look for more balanced solutions which comply with the case law of the franchisees' country.

With respect to issues which are of paramount importance for the franchisor, the respective clauses should be drafted carefully with the intent of justifying their less balanced character.

Parties may also submit the contract to the law of a different country and agree on arbitration for possible disputes, provided this choice can avoid the jurisdiction of local courts of the franchisee.

Silvia Bortolotti, Buffa Bortolotti & Mathis, Turin; Secretary General IDI, IDI country expert for Italy


13:00-14:30 Lunch

Workshop 2: IP protection in distribution contracts

The expansion and growth of international distribution networks certainly depends on the protection and elaboration of a proper strategy concerning the trademark and other IP rights. This is true not only for franchising but also for exclusive and selective distribution networks.

However, companies sometimes underestimate the importance of registering their IP rights in foreign countries, obviously also considering the relevant costs. It happens then that, once the contract with a representative or distributor comes to an end, the supplier discovers that the distributor has registered its trademark and domain name in its country and an IP litigation becomes the ultimate solution.

In other cases, the parties agree on the use (or license) of the supplier/franchisor’s IP rights for the duration of the contract, but the contract does not provide sufficiently detailed provisions regarding the transfer of domains, social media page and access codes etc. after termination of the agreement, back to its owner.

IP issues also arise when the franchisee, after the end of the contract, does not sufficiently de-identify the outlet, and in fact keeps getting advantages from the image of the franchisor, just changing the sign, but keeping some identifying elements of the franchisor.

All the above aspects will be analysed by the speakers and panellists in a practical way and comparing the different perspectives.

CHAIR Mariaelena Giorcelli, Buffa Bortolotti & Mathis, Turin

09:30-10:10 PANEL. Illicit registration of the supplier/franchisor’s trademark and/or domain name

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Assuming that the supplier/franchisor was not careful enough and discovers that its distributor/master/franchisee regis-tered its trademark in its country without informing it. If the contract is still in force and both parties somehow are still interested in continuing their relationship, possible contractual solutions may be envisaged. Otherwise, litigation remains the ultimate solution. How are these kinds of issues approached by Courts in different jurisdictions?

CHAIR: Olga Sztejnert-Roszak, SWKS, Warsaw; IDI country expert for Poland

Anna Gołębiowska, GKR Legal, Warsaw

Osvaldo Marzorati, Litvin Marzorati Legales Law Firm, Buenos Aires; IDI country expert for Argentina

Maria Ostashenko, Alrud Law Firm, Moscow; IDI country expert for Russia

10:10-10:30 The use of the supplier’s trademark and domain name by the distributor or agent after contract termina-tion

Even where the agent or distributor has been allowed to register a domain name including the principal/supplier’s trade-mark during the contractual relationship, what are the means that the principal/supplier can adopt, in case such use is not interrupted after contract termination? Which are the most common issues arising out of such situation (e.g. the sale of the remaining stock of product) and possible solutions?

A very dangerous situation: the manufacturer permitting a distributor to use its trade name as name of its company (es-pecially in case of a distribution joint venture where the supplier is not majority shareholder).

Jan Dombrowski, Schiedermair, Frankfurt am Main

10:30-10:50 The use of the supplier's/franchisor's trademark as AdWord in online search engines by members of the distribution network

Most manufacturers invest significant amount of money in protecting their IP rights and would aim at reserving the exclu-sive right to use their trademarks as AdWords on the internet. The EU Commission in the Guess case has taken a strict view with regard to selective distribution network which may be objectionable. How is this aspect handled by case-law in different jurisdictions?

Lorraine E. Kuska, Holt Renfrew, Toronto

Barbara Vogel, De Bijenkorf, Amsterdam


11:20-11:50 PANEL. De-identification of the franchise outlet after contract termination

One of the main risks for franchisor concerns the case in which the franchisee, after the contract termination keeps using the franchisor’s trademark, sign or other distinctive signs (e.g. the layout of the outlet or even color, which is recognized as a brand), connected with a competitive activity. Apart from the typical contractual provisions (e.g. post-contractual non-compete obligations), how can the franchisor get protection from its IP rights? See, for instance the Apple Judgement of the EU Court of Justice (C-421/13 of 10/7/2014). This panel will give an overview from the perspective of different jurisdictions.

CHAIR: Rocío Belda de Mergelina, J & A Garrigues SLP, Madrid

Tiwalola Osazuwa, Aelex, Lagos; IDI country expert for Nigeria

Kendal Tyre, Nixon Peabody LLP, Washington

Alessandro Vesurga, Canali, Milan

11:50-12:20 PANEL. Contractual solutions for protecting IP rights

The ideal solution for avoiding any risk obviously consist in the previous registration by the legitimate owner of its IP rights in the country where it decides to expand. In addition, a good IP policy should be implemented in the contract, carefully regulating the terms of the IP licenses granted to the distributor/franchisee (including trademarks, domain names, social media, use of AdWords etc.). The speaker will analyze in details all the main aspects to be considered and suggest con-tractual clauses and provisions useful in this context.

CHAIR: Sandrine Kinart, Lexena Law Firm, Waterloo

Pablo Diaz, Legal Counsel, Shiseido, Madrid

Beatrice Grifoni, Valentino, Milan

12:20-12:40 Social media policy for franchisors

Most franchisors have now developed a social media policy to be applied to their franchisees concerning the use of social media in compliance with the franchisor’s image and IP rights during the contractual relationship as well as the procedures to be followed after contract termination; however, this is not the case for the medium size companies and in general all policies need to be constantly reviewed and adapted to new needs and changes in the virtual worlds. What are the best strategies to be followed in this context?

Teresa Rodríguez de las Heras Ballell, Of Counsel Andersen Tax & Legal, Madrid


13:00-14:30 Lunch

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Workshop 3: Managing an arbitration procedure under the IDArb rules

The purpose of this workshop is to show the functioning of the IDArb Arbitration procedure through the discussion of a mock trial regarding a dispute under the rules developed by IDI for distribution claims.

The parties will receive in advance: the description of the case, until AC's letter of termination, the distribution contract between AC and Moditaly, AC's termination letter and the list of "actors" who will play the relevant roles.

The supervisors will guide the discussion of the teams and will ask the audience to comment during the various stages.

CHAIR Fabio Bortolotti, Buffa Bortolotti & Mathis, Turin; Chair IDI, IDI country expert for Italy

Caroline Ming, SCAI, Swiss Chambers’ Arbitration Institution, Geneva

Jaap Van Till, Loyal Law firm, Amsterdam; IDI country expert for Netherlands

Jean-Paul Vulliéty, Lalive and Partners, Geneva

09:30-09:50 Introduction: The AC/MODITALY Case

We will deal with a typical dispute between a supplier and his distributor, where the supplier terminates the agreement in order to appoint another importer, and the terminated party brings a claim for unlawful termination and damages.

Short description of the case, of the organization of the case and presentation of the actors.


09:50-10:15 STAGE 1: MODITALY's TEAM to discuss strategy of claim and requests against AC

• Requests to AC: illegal/invalid termination; damages for unlawful termination without notice; goodwill indem-nity?

• Full statement of claim? • Amount claimed under 1.000.000 SF • Notice of arbitration with statement of claim.

Ignacio Alonso, Even Abogados, Madrid; IDI country expert for Spain

Lisette Bieleveld, Van Doorne N.V., Amsterdam

Victor Bonnin Reynes, VB Arbitration, Madrid

Susanne Margossian, UP International, Geneve

10:15-10:40 STAGE 2: AC's TEAM to discuss and prepare answer to notice of claim

• Full statement of defence? • Termination lawful because of breach of non-competition obligation. • Counterclaim for non-attainment of minimum turnover in past years.

Cecilia Carrara, Legance - Avvocati Associati, Rome

Paolo Marzolini, Patocchi & Marzolini, Geneva

Carlo Mosca, Mosca & Associati, Treviso

Jean-François Tossens, Tossens Goldman Gonne, Bruxelles


11:00-11:20 STAGE 3: Appointment of the sole arbitrator

Claimant asks IDArb to propose a list of names, a copy of which is handed over to the audience.

Each team discusses the pros and cons of the names suggested by IDArb secretariat.

The answers show agreement on the one name of one prospective arbitrator, who is appointed.

11:20 – 11:40 HEARING: presentation of the case by the parties and their counsels

The arbitrator decides first to hear the parties (Jimenez and Rossi) as witnesses on the facts.

Counsels submit a short summary of their requests, which imply a number of further procedural steps to be taken.

Arbitrator asks if he/she may favour a settlement by expressing his provisional view; the parties agree.

11:40-12:10 Preliminary assessment by the arbitrator

The arbitrator expresses his preliminary, non-binding and provisional assessment of the dispute.

Each team discusses separately the strategy for a possible settlement.

12:10-12:40 The parties two teams meet and discuss a settlement of the dispute

12:40-13:00 Final discussion with the audience

13:00-14:30 Lunch

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Conference Social Program

Thursday 24 September 2020 - Welcome cocktail and dinner from 6:00 pm IDI is pleased to offer a welcome cocktail and buffet/dinner to all the attendants.

Venue: Hotel Miguel Angel C/ Miguel Ángel 29-31 28010 Madrid

Please, confirm your participation by selecting the relevant box in the registration form.

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Friday 25 September 2020 - Gala Dinner from 8:00 pm Venue: Casino de Madrid Calle Alcalá 15

28014 Madrid

Reservations should be made at your earliest convenience, due to the limited number of places.

Please, confirm your participation by selecting the relevant box in the registration form.

Kindly note that to access the Casino de Madrid it is essential to wear a jacket and tie for the gentlemen.

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Practical Information Conference venue: Hotel Miguel Angel C/ Miguel Ángel 29-31 28010 Madrid (Spain)

Language: English Documentation: A USB containing all documents discussed at the conference. Fees: 900€ Non IDI member 500€ IDI member having paid his/her yearly subscription fee 400€ Any additional participant within the same premises of the same organisation as the first participant (i.e. having the same ad-dress and VAT code) Please, add 22% (VAT) to your payment (only applicable for Italian participants). The fee includes the cocktail/dinner on September 24, 2020, coffee breaks, lunches and documentation. Information about special discounts granted to specific associations will be provided to the relevant associations.

Discount policy: Kindly note that the discounts cannot be cumulated and they can be applied on the full fee of 900€ only.

Gala dinner: Venue: Casino de Madrid.

Cost: 140€ per person. Please, add 10% (VAT) to your payment (only applicable for Italian participants). Please, remember that places are limited and must be reserved on time.

Continuing Legal Education / Continuing Professional Development Credits: This conference will be accredited for CPD/CLE. In order to request an attendance certificate, please, send an email to [email protected].

Registration and cancellation: Registration on-line: Registration can be made at: www.idiproject.com/conferences/registration

Registration by Email-Fax: Please, fill in the registration form, and send it by email or by fax to: IDI Project Srl, via Alfieri 19, 10121 Turin (Italy)

Email: [email protected]

fax: + 39 011 574 11 41

Payment: Registration online: Credit card or bank transfer. After having completed the payment, you will receive a con-firmation of your registration by e-mail.

Registration by email or by fax: Bank transfer only. Confirmation of your registration will be sent after having received the registration form together with the evidence of the payment.

For bank transfer payment, the payment should be transferred with no cost to IDI.

NO CHEQUE PAYMENTS WILL BE ACCEPTED.

Cancellation Cancellation requests received by IDI on or before 31 August 2020, will be subject to a 20% administration charge of the total fees paid. After that date no refunds are possible.

Dress Code: The conference dress code is business attire for working sessions and smart casual for the welcome cocktail. Kindly note that to access the Casino de Madrid it is essential to wear a jacket and tie for the gentlemen.

Hotel Accommodation: IDI reserved some rooms at special prices (140 € DUS, 155 € DUD) at the Hotel Miguel Angel for IDI conference participants. These special prices are valid from 23/09/2020 (check-in) to 27/09/2020 (check-out). Booking link: https://www.hotelmiguelangel.com/en/reservations/?utm_source=groups&utm_medium=promo%20code&utm_campaign= To take advantage of special prices, enter the promo code "IDI2020" in the relevant box. Please note that rooms must be booked by 20/07/2020 to take advantage of these prices. There are also some hotels close to the venue of the conference, but they do not have any specific rates for participants to the IDI confer-ence: InterContinental Madrid *****: https://madrid.intercontinental.com/en/ NH Collection Madrid Abascal Hotel ****: https://www.nh-collection.com/hotel/nh-collection-madrid-abascal Hotel Santo Mauro Autograph collection *****: https://www.marriott.com/hotels/travel/madma-hotel-santo-mauro-autograph-collec-tion/ Please, be informed that several other events will occur in the same period of the IDI conference, therefore we kindly suggest you to book your hotel as soon as possible.

How to get there: From Madrid airport: 15-20 minutes by taxi.

mailto:[email protected]

https://www.hotelmiguelangel.com/en/reservations/?utm_source=groups&utm_medium=promo%20code&utm_campaign=

https://madrid.intercontinental.com/en/

https://www.nh-collection.com/hotel/nh-collection-madrid-abascal

https://www.marriott.com/hotels/travel/madma-hotel-santo-mauro-autograph-collection/

https://www.marriott.com/hotels/travel/madma-hotel-santo-mauro-autograph-collection/

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REGISTRATION FORM

First Name ................................................................................... Last Name ................................................................……......................

Company ............................................................................ Address .............................................................. ZIP/ Postal code ...............

City ................................................. Country ............................................................ Value Added Tax (VAT) Code .................................

E-mail ......................................................................................... Phone .................................................. Fax..........................……………….

(in case of more participants, please, fill-in a registration form for each participant)

WORKSHOPS: (Saturday, 26 September 2020): please specify which workshop you will attend:

❑ I will attend the FIRST WORKSHOP (Recent trends regarding the protection granted by national courts to franchisees, even beyond the terms of the contract)

❑ I will attend the SECOND WORKSHOP (Protecting trademarks and other IP rights in distribution: a critical issue to be considered when negotiating contracts)

❑ I will attend the THIRD WORKSHOP (IDArb. An efficient tool for facilitating the recourse to arbitration in distribution disputes: selecting qualified arbitrators; tailoring an expedited and cost-effective procedure)

SOCIAL EVENTS:

❑ I will attend the WELCOME COCKTAIL/BUFFET DINNER on Thursday 24 September 2020 (included in the conference fee)

FEES:

IDI Conference

Gala dinner

TOTAL AMOUNT:

❑ € 900: Non IDI member

❑ € 500: IDI member having a valid subscription on the day of the conference

❑ € 400: Additional participant

❑ € 300: Country Expert

❑ Discount granted to Madrid Bar (please, check with the relevant association)

❑ Discount granted to ICAM (please, check with the relevant association)

❑ Discount granted to AEF (please, check with the relevant association)

❑ Discount granted to EFL (please, check with the relevant association)

Please add 22% (VAT) to your payment for Italian participants.

❑ € 140: Ticket for the gala dinner (please, specify the number of tickets: …..)

Please add 10% (VAT) to your payment for Italian participants.

€: ............

PAYMENT:

Please make a bank transfer marked «25-26 September 2020 Conference», including a clear reference to the name of the participant at the following account:

Bank: Banca Sella, Piazza Castello, Torino (Italy) Account Name: IDI Project s.r.l. Account Number: 052879649600 ABI: 03268 CAB: 01000 IBAN: IT86X0326801000052879649600 SWIFT: SELB IT 2B

The payment should be transferred with no cost to IDI. NO CHEQUES payments are ACCEPTED.

Please complete this form and return it, with your payment made out to:

IDI Project Srl, Via Alfieri 19, 10121 Torino (Italy)

Email: [email protected]

Fax: + 39 011 574 11 41

Date ..................... Signature ...................................................

PRIVACY: All personal information is processed by IDI confidentially and in compliance with the provisions contained in the Italian Legislative Decree 196 of 2003. All personal information stored on our system is secured against unauthorised access. All users may exercise their rights provided by Article 7 of Dlgs 196/2003, by sending a request to: [email protected]



IDI CONFERENCE 2020

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Transcript of IDI CONFERENCE 2020