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Indemnity for Goodwill and Termination of Distribution Contracts under Swiss Law

July 2009 - Corporate & Commercial. Legal Developments by Walder Wyss Ltd.

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According to a new decision of the Swiss Federal Court, a distributor is entitled to indemnity for goodwill contributed by it to a supplier if the distributor's situation is comparable to an agent. Another recent decision seems to suggest that a distributor can seek specific performance of a contract terminated by its supplier in breach of the contract’s terms.

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