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Agency and distribution disputes

Agents and distributors can help a business to expand its commercial reach. These agreements can be extremely rewarding for all parties, but can be equally damaging if things go wrong.

Agency and distribution agreements play and important role in many business model and help organisations to maximise their opportunities and manage their risk. It is important to be aware of the difference between an agent and a distributor before entering into any arrangement. An agent concludes sales in the name of your company and is paid commission on these sales, whereas a distributor purchases goods from you and then sells these on in its own name to the end user.

We regularly handle disputes relating to:

  • Misrepresentation
  • Non-disclosure of true sales figures
  • Breach of confidentiality obligations
  • Misuse of intellectual property rights
  • Setting up a competing business
  • Selling competing products or services in breach of an exclusivity clause
  • Selling outside a permitted geographic area
  • Wrongful termination of the agreement.

Whatever the circumstances of the dispute, SA Law’s specialists are here to help.

How we help you

  • We understand the unique relationship between a supplier and its agent or distributor. This makes it easy for us to understand the specific circumstances of your situation and identify an appropriate solution.
  • We also understand the critical importance of agreements with agents and distributors and the need to resolve differences as soon as possible. This is especially important if you are trying to preserve the long-term relationship.
  • If the business relationship is at an end we work to ensure that your rights are protected and your losses are compensated.
  • We help suppliers, agents and distributors enter agreements that optimise their success and minimise the risk of disputes arising. We can represent you in negotiations, draft the initial contract, and any amendments.

It’s good to bear in mind...

  • Make sure you have a well-drafted agreement that sets out the parties’ rights and obligations.
  • If a dispute arises, be aware that many international distribution agreements may contain arbitration clauses which means that disputes are kept private and confidential.
  • If a supplier terminates an agency agreement the agent has a right to be paid either compensation or an indemnity. We can advise you as to whether this is payable and how to calculate the payment.

Commercial Litigation and Dispute Resolution Team
Rob Ryall
Robert Ryall
Partner | Joint Head of the Commercial Litigation & Dispute Resolution Team

Tracy Lacey-Smith
Tracy Lacey-Smith
Partner | Joint Head of the Commercial Litigation & Dispute Resolution Team

Tom Lawrence
Tom Lawrence
Partner | Commercial Litigation & Dispute Resolution Team

Nat Young
Nat Young
Senior Associate | Commercial Litigation & Dispute Resolution Team

Simon Walsh
Simon Walsh
Senior Associate | Commercial Litigation & Dispute Resolution Team

Clare Mackay
Clare Mackay
Associate | Commercial Litigation & Dispute Resolution Team

Helen Young
Helen Young
Solicitor | Commercial Litigation & Dispute Resolution Team

Charlotte Dennington-Day
Charlotte Dennington-Day
Solicitor | Commercial Litigation & Dispute Resolution Team

Charlie Cheshire
Charlie Cheshire
Legal Secretary | Commercial Litigation & Dispute Resolution Team

Shabnam Railey
Shabnam Railey
Legal Secretary | Commercial Litigation & Dispute Resolution Team

Sarah Howe
Sarah Howe
Legal Secretary | Commercial Litigation & Dispute Resolution Team

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Atousa Saddighzadeh
Trainee Solicitor | Commercial Litigation & Dispute Resolution Team

Photo close up of football table player
Alice Simpson
Trainee Solicitor | Commercial Litigation & Dispute Resolution Team

Commercial Litigation & Dispute Resolution Services

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