At the commercial agent`s request, the sub-district court may rescind all or part of the non-competition clause at a time when the clause disproportionately affects the commercial agent with respect to the interest to be protected by the client. In a number of specific cases, the client cannot deduct rights from a non-competition clause, for example. B if the statutory deadline for termination was not met at the time of termination of the agency contract, or if the termination is due to an urgent reason attributable to the client. From the point of view of the contracting authority, it is therefore desirable to include an appropriate non-competition clause in the agency contract. New York law does not impose any specific formalities for the creation of an agency relationship. Under New York law, parties under which the general rules of the General Law on Fraud in New York do not apply may be considered to be in an agency relationship, as stipulated in points 5 to 701 of the General Commitment Act, even without the signing of an agreement proving the agreement or a written statement proving their agreement. New York law regulates the payment of sales commissions under New York labor law. New York labour law defines a commercial agent as an independent contractor who seeks wholesale purchase contracts in New York or is compensated in whole or in part by commissions. However, New York labour law does not regulate the actual commercial relationship.
An agency agreement has no form. However, a written agreement is preferable from the point of view of the evidence, but even if there is no written agreement, a judge may judge on the facts that there is an agency contract. Article 7:428, paragraph 3, of the Dutch Civil Code stipulates that each party is required to grant the other party, at its request, a written agency contract. Although the parties give a different title to the agreement (for example. B cooperation agreement), but whether they have the aforementioned characteristics of an agency agreement, this should be considered an agency agreement. In this case, the (compulsory) legislation of the Dutch law on commercial agencies applies. [Option, add if necessary: « This contract replaces any agreement or prior agreement regarding its purpose.] An agency agreement is an agreement in which the client (the manufacturer/customer) orders the sales agent and obliges the client to provide intermediary services for a specified or indeterminate period and for a fee when the contract is concluded and to enter into these services on behalf of and on behalf of the client, without being subject to the contracting authority (Article 7:428 of the Dutch Civil Code). The agent is therefore, on behalf of the client, responsible for drafting the contract and receives a commission to do so. The legal relationship between the client and the sales agent is usually established in an agency agreement. Establishing an agency contract is a very important job. Another important judgment, which emphasizes the importance of the applicable law, is the so-called UNAMAR decision.
The result of this decision is that a Dutch client, who appoints a Belgian representative and makes a legal choice in favour of Dutch law, is not obliged to subject the client to the wider protection of the agent under Belgian law, unless the Belgian court decides that strengthening the protection of the Belgian representative serves a fundamental national interest. According to the European Court of Justice, this last point is not easily plausible. The main rule, therefore, is that the agency contract is, in principle, exclusively governed by the law provided for by the treaty. To avoid misunderstandings, it is of the utmost importance to include the applicable law in the treaty as clearly as possible, in order to avoid disputes about it and to tell you where you stand.