ICC Model Contract Occasional Intermediary (Non-Circumvention and Non-Disclosure) NCND

SUMMARY OF THE PUBLICATION AND AN IMPORTANT NOTE ON NOT GENUINE ICC DOCUMENTS

The International Chamber of Commerce (ICC) created the ICC Model Contract Occasional Intermediary to cover the most common varieties of international contracts to which an occasional intermediary is a party. This model contract is the result of an extensive comparative study of non-circumvention and non-disclosure agreements that are used on a daily basis worldwide. The model provides a unique and balanced legal platform that takes into account the interest of all parties involved in non-circumvention and nondisclosure agreement and minimises the risks of fraud and misunderstanding.

This model is part of a series of respected model contracts on international distribution covering commercial agency, distributorship, franchising and selective distributorship. These important tools provide confidence to the parties and the marketplace that commercial transactions can be conducted according to internationally accepted principles.

Each ICC Model Contract includes a fully editable version in Microsoft, permitting you to easily adapt the contract to your specific case.

This model contract is available in English, contact your local ICC to enquire about a translated version National committees – ICC – International Chamber of Commerce (iccwbo.org)

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IMPORTANT NOTE: 

There are a number of documents – which are not genuine ICC documents – circulating on the Internet which make reference to, or purport to be issued by, ICC. These sometimes bear the ICC logo. One of them is called „I.C.C. 400/500/600“.

These documents are circulating without ICC’s consent and without relation to any ICC work or mission, and have been the subject of ICC warnings during the past years.

You should not rely on such documents for your business or personal activities.

Please also note that such correspondence may contain links which lead to unsafe websites that can put at risk systems and data. Recipients should therefore take appropriate measures with respect to such messages.

ICC disclaims all responsibility for any such correspondence, documents or information and any possible prejudice caused by such communications, including by any links, viruses or other elements contained in such material.

Details:

Table of contents

Introduction….. 4

1. Purpose of the model….. 4
2. ICC Model Contract Occasional Intermediary (Non-Circumvention Non-Disclosure) and other ICC models….. 4
3. Division in two parts: special conditions and general conditions….. 5
4. The general clauses: good faith and fair dealing—Modifications to be made in writing….. 5
5. The services to be provided by the intermediary….. 6
6. Exclusive rights of the intermediary—Customer protection….. 8
7. Undertaking not to compete….. 10
8. The intermediary’s remuneration….. 11
9. Confidentiality and non-disclosure obligations….. 13
10. Term of the agreement….. 13
11. Applicable law and resolution of disputes….. 13
12. Arbitration vs. Litigation….. 14
13. Arbitration and Mediation….. 14

ICC Model Contract

Occasional Intermediary (Non-circumvention Non-disclosure)….. 15

1. Special Conditions….. 15
2. ICC General Conditions for Non-circumvention Non-disclosure Agreements….. 19

About the International Chamber of Commerce (ICC)….. 24

ICC Publications….. 25