Art. 710 of the Brazilian Civil Code defines the distribution contract as an agency contract, by virtue of which the agent has the material availability of the products to be marketed. In the absence of a specific discipline, Brazilian jurisprudence extends the application of agency legislation to the distribution contract. Entrepreneurs interested in concluding an agency or distribution relationship in Brazil are required to specify which law is applicable to the contract. It should also be noted that the parties can refer the resolution of any contractual disputes to an arbitrator, by inserting a specific arbitration clause, by virtue of the fact that Brazil has ratified the New York Convention for the recognition and execution foreign arbitration awards.
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