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4 Penn St. J.L. & Int'l Aff. 213 (2015-2016)
The Good, the Bad, and the Ugly in Distribution Contracts: Limitation of Party Autonomy in Arbitration

handle is hein.journals/pensalfaw4 and id is 223 raw text is: Penn State Journal of Law & International Affairs 2015 VOLUME 4 No. 1 THE GOOD, THE BAD, AND THE UGLY IN DISTRIBUTION CONTRACTS: LIMITATION OF PARTY AUTONOMY IN ARBITRATION? Pilar Perales Viscasillas * INTRODUCTION, CONCEPTS AND LEGAL FRAMEWORK Distribution contracts might respond to different kinds of modalities in practice. In fact, under some domestic laws, the name distribution contract is considered a generic category that includes specific contracts, such as: agency, franchise, concession, or distribution contracts, the latter being a specific kind of contract. The aforementioned contract types are considered to be cooperation or collaboration commercial contracts since they imply cooperation between two businessmen. Depending on the type of contract, cooperation may be more or less intense. From a legal perspective, it is clear that distributors and franchisees are independent businesspersons who invest and risk their * Pilar Perales Viscasillas is a Commercial Law Professor at the Carlos III University of Madrid. She serves as Counsel at Baker & McKenzie. This paper was written under a research project for the Ministerio de Economia y Competitividad. (DER2013-48401-P). 1 On the basis of such cooperation the contracts are classified under the STUDY GROUP ON A EUROPEAN CIVIL CODE, PRINCIPLES OF EUROPEAN LAW: COMMERCIAL AGENCY, FRANCHISE AND DISTRIBUTION CONTRACTS (PEL CAFDC) (2006). See also Eleanor Cashin Ritane, The Common Frame of Reference (CFR) and the Principles of European Law on Commercial Agency, Franchise and Distribution Contracts, ERA Forum, Dec. 2007 at 563.

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