Wine Law

7 according to EC Regulation 44/2001, which allows the recognition and enforcement throughout the European Union of civil and commercial judgments issued in other EU countries. Unless otherwise provided for in the contract, in fact, the jurisdiction lies with the court of another EU country. That of the country of the defendant or of the court of the place within the Community territory, where the delivery of the goods took place or should have taken place. In addition to recourse to ordinary justice, arbitration is possible, if provided for by a specific clause; it is often the only way to resolve disputes with non-EU importers as Italy has bilateral agreements for the mutual recognition of judgements with only very few countries, while arbitration awards can, instead, be enforced in the 144 countries that have ratified the 1958 New York Convention. 5. The Distribution Contract For the sale of wine on foreign markets it is often necessary or appropriate to contact importers/distributors. In many countries, from the Russian Federation to the United States of America, there are complex procedures for the import of such products that almost oblige to delegate to a local entity. In some countries, the import of alcohol is reserved for monopolies (e.g. Canada) or a few authorized local entities (Dubai) or import quotas are envisaged (Indonesia). The Italian exporter will therefore frequently have only one customer in each foreign market, with all the advantages and disadvantages that this implies: it will thus avoid the fragmentation of credit and the multiplication of fulfilments (e.g. deliveries, with related charges, costs and risks) but it will be financially dependent on a single person and not knowing the local market. Where possible, appropriate contractual precautions must be taken to optimize results and minimize risks. First of all, the distribution territory must be precisely defined, together with the possible exclusive nature of the relationship, in both senses; entrusting exclusivity to a distributor entails its size adequate to the size of the territory that must be ascertained.