#10 October 2011

In focus – Trade & Distribution

Throughout history we know that trade-driven explorations resulted in the emergence of new continents and states. In line with technological advancement facilitation of commerce beyond local boundaries, trade became a primary economic activity for globalizing business and bringing together people from diverse regions and cultures

Expert Opinion

Distribution Agreements in Ukraine: Top of the Iceberg

Nataliya Y. Mykolska, Anzhela M. Makhinova

Almost all companies manufacturing and selling goods face time when they have to take their businesses to the next level and move beyond the scope of their local or original market. In such cases it can be a good idea to outsource the distribution of your product on new markets or even your original market so you can concentrate on its manufacture...

In Re

Vertical Restraints in Distribution Contracts

Anna V. Putintseva, Oleksandra Y. Soloviova

When selling goods via distributors, the manufacturer always seeks to control the distributors activity and to protect its business interests. For this purpose, the distribution contracts may include terms limiting a distributors freedom of trade, such as ability to buy goods from other manufacturers, to sell goods at an independently determined price, or sell goods in certain geographic regions

Commencement of Trade Investigations

Yaroslav A. Petrov

Over the last decade Ukrainian manufacturers have been quite active in struggling with importers on the safeguards and antidumping field. According to WTO statistics, Ukrainian manufacturers initiated 8 safeguards investigations in 2007-2010 and 31 antidumping investigations in 2001-2010. The following types of goods are subject to review: methyl alcohol, refrigeration equipment, tires, ferroalloys, fertilizers, chicken meat, liquid chlorine, syringes, lactic acid, magnesia refractory, linen, paint and varnish products, artificial fur, abrasive tools, manganese steel, iron castings, soda, fiberboards, point switches, cement, ruberoid, cars, instant coffee, biscuit products, matches, textiles, ammonium nitrate, tube stocks, electric bulbs, polyurethane products, citric acid, sewerage pipes, sodium carboxymethyl cellulose and spiral compressor installations

How To

Drafting and Managing International Supply Contracts: Practical Aspects

Dr. Mansur Pour Rafsendjani, Tatjana O. Khrystyuk

Goods, works and services have been traded across national borders for hundreds of years, and in that time businesses have learned how to supply every corner of the world. However, even today businesses still try to use national agreements worldwide. Needless to say, this approach leads to conflicts. In drafting an agreement, lawyers should consider potential problems that may arise and then prepare solutions according to the maxim: if you want peace, prepare for war

Argument

On-line Shopping in Ukraine. Opportunities and Challenges

Nataliya V. Misnik

While speaking about domestic trade in Ukraine it is necessary to pay special attention to such form of conducting business in that sphere as electronic commerce. The popularity of various e-services in Ukraine has grown substantially in recent years and now more and more Internet users prefer to use on-line stores and auction portals as a place of purchasing various goods

Global Legal Update

Distribution Services in Ukraines WTO Accession

Viacheslav P. Petrashenko

On 16 May 2008 Ukraine became the 152nd member of the World Trade Organization (WTO). The Ukraines Protocol of Accession was signed on 5 February 2008, ratified by the Parliament on 10 April 2008 and came into effect on 16 May 2008. In addition to the WTO Agreement, which sets out the WTOs organizational structure, the WTO package includes 19 international agreements, most important of which are the General Agreement on Tariff and Trade (GATT 1994), General Agreement on Trade in Services (GATS), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)

Offshore and Onshore Seminar

Nataliya V. Koloskova

On 7 September the Kiev-based Business Club Belgravia invited top managers to visit a seminar called Offshore is Must have for Business, which was devoted to effective introduction of nonresident companies in steadily changing tax legislation. It is a well-known fact that introduction of non-resident companies in the structure of Ukrainian business serve the purposes of tax planning, investment, export-import trade operations, defense of assets, including ownership of real estate, aircrafts, yachts, or providing of confidentiality

Crux

Ukrainian "Blue Fuel" Prospects

Roman Marchenko

There does not exist any possibility of unilateral refusal to perform obligations under the gas contract with Naftogaz, because the law of any civilized country (including the Swedish law based on which the dispute could be considered) is based on the premise that a contractor, who has assumed an obligation, should fulfill it

Eugene Blinov

Given the recent comments from Ukrainian authorities one of the key arguments in submitting the claim to Stockholm Arbitration is the non-compliance of the contract for supplying natural gas in 2009-2019 with previous framework agreements between Ukraine and Russia. This issue is quite ordinary for Ukrainian-Russian relations as a number of bilateral treaties with Russia and treaties concluded within the CIS have retained unenforceable declarations in the long run

Irina Nazarova

From the perspective of Swedish law, a contract can be adjusted or set aside if it is unreasonable or unfair (section 36, Contracts Act). So, in case of Naftogaz proving that the contractual price is unjust or unreasonable, the arbitration court will have to adjust relevant provision or terminate the contract in toto

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