Regulations apply to activities of commercial agents Regulation 1(3)(a) in Great Britain irrespective of choice of governing Ingmar GB Ltd v Leonard Technologies Ltd C-381/98 law of the contract of agency unless perhaps the [2000] ECRI-9305; [2001] 1 All ER (Comm) 329 governing law selected by the parties is that of another member state of the European Economic Accentuate Ltd v Asigra Inc [2009] EWHC 2655 Area and the chosen law does not deprive the United Antwerp Maritime Agencies (Unamar) NV commercial agent of rights that would have been Navigation Maritime Bulgare (Case C-184/12) available under the Regulations Cf Lawlor v Sandvik [2013] EWCA Civ 365 The existence of a clause requiring disputes to be Accentuate Ltd v Asigra Inc [2009] EWHC 2655 referred to arbitration outside of Great Britain and for the arbitration to be conducted under other governing law will not oust jurisdiction of courts of England and Wales to apply the Regulations Laws of other member states may apply in place of Regulation 1(3)(a) the Regulations if parties so agree Laws of England, Wales or Scotland may apply to Regulation 1(3)(b) activities of commercial agents outside of Great Britain if laws of member state in which activities take place so permit and parties so agree Article 5(1)(b) of the Brussels Regulation (Council The member state with jurisdiction to to determine Regulation (EC) No 44/2001) a dispute between a commercial agent and his principal is the member state in which the Wood Floor Solutions GmbH v Silva Trade SA commercial agency is performed EU Directive does not apply to protect commercial Agro Foreign Trade & Agency [2017] EUECJ C-507/15 agents operating outside of EU even if principal is based in a member state and even if the law of a member state is expressed to govern relations between them Definition of a commercial agent Regulation 2(1) Statutory definition
Regulations apply to activities of commercial agents in Great Britain irrespective of choice of governing law of the contract of agency unless perhaps the governing law selected by the parties is that of another member state of the European Economic Area and the chosen law does not deprive the commercial agent of rights that would have been available under the Regulations Regulation 1(3)(a) Ingmar GB Ltd v Leonard Technologies Ltd C-381/98 [2000] ECRI-9305; [2001] 1 All ER (Comm) 329 Accentuate Ltd v Asigra Inc [2009] EWHC 2655 United Antwerp Maritime Agencies (Unamar) NV Navigation Maritime Bulgare (Case C-184/12) Cf Lawlor v Sandvik [2013] EWCA Civ 365 The existence of a clause requiring disputes to be referred to arbitration outside of Great Britain and for the arbitration to be conducted under other governing law will not oust jurisdiction of courts of England and Wales to apply the Regulations Accentuate Ltd v Asigra Inc [2009] EWHC 2655 Laws of other member states may apply in place of the Regulations if parties so agree Regulation 1(3)(a) Laws of England, Wales or Scotland may apply to activities of commercial agents outside of Great Britain if laws of member state in which activities take place so permit and parties so agree Regulation 1(3)(b) The member state with jurisdiction to to determine a dispute between a commercial agent and his principal is the member state in which the commercial agency is performed Article 5(1)(b) of the Brussels Regulation (Council Regulation (EC) No 44/2001) Wood Floor Solutions GmbH v Silva Trade SA EU Directive does not apply to protect commercial agents operating outside of EU even if principal is based in a member state and even if the law of a member state is expressed to govern relations between them Agro Foreign Trade & Agency [2017] EUECJ C-507/15 Definition of a commercial agent Statutory definition Regulation 2(1)
Commercial%20Agents-%20Case%20and%20Statute%20Citator%202018.docx