Recent court proceedings have determined that a manufacturer can impose an arbitration clause in a distribution agreement, even if the dealer`s basic right includes federal cartel laws. To some extent, this is a departure from the previous law, which stated that federal cartel claims could not be subject to arbitration review. So far, it has been accepted that since antitrust laws are part of our public order, the merchant must have the right to have such a claim dealt with in federal court and that the courts must enforce these laws regardless of the existence of an arbitration agreement. However, the law appears to be such that, as long as the distributor`s antitrust law (usually on the basis of a theory of the fixing of resale prices) does not permeate the entire dispute or overshadow the entire dispute to the point of being inappropriate, the arbitration clause of the contract cannot be applied. In other words, the manufacturer can insist that the distributor settle disputes between them. Generally speaking, the arbitration clause will favour the manufacturer, since it will not take away from the dealer the largest club, namely the anti-dominant claims, in which the concessionaire, if successful, will be able to recover three times as much damages and attorneys` fees. Indeed, recent comments from lawyers in legal education programs have shown that they are now in favour of including arbitration clauses in distribution agreements almost everywhere. From the trader`s point of view, it is probably not particularly advantageous to have such a clause in the contract, but on the other hand, it may not be so bad. Indeed, if the distributor believes that all it wants is fair treatment from the manufacturer and not a „pound of meat“ based on three damages and attorneys` fees, arbitration may be a means of obtaining this type of „gross justice“, the manufacturer should not voluntarily offer it. The supply of products may depend on seasonal factors and the distribution agreement may be subject to forecasts regarding the availability of the products. Some distribution agreements require a distributor to purchase or be ordered all scheduled quantities of products. In addition, the distributor may require the supplier or wholesaler to meet certain minimum supply requirements set out in the periodic forecasts issued by the distributor.
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