- 41 - suggests petitioner or Crocus represented to respondent that they conducted foreign trade shows as a joint venture. The evidence indicates that petitioner represented to the great majority of exhibitors that it conducted foreign trade shows independently with no partner. Petitioner itself negotiated and entered into all contracts with exhibitors located outside the former Soviet Union, which accounted for 90 percent of trade show fees. If an exhibitor were to cancel a contract with petitioner, petitioner was entitled to retain all payments received as liquidated damages. Nothing in the record indicates Crocus was entitled to receive any potential liquidated damages retained by petitioner. At all foreign trade shows, petitioner’s employees solicited exhibitors for future shows and provided liaison between exhibitors and Crocus’s employees, thus indicating to the exhibitors that petitioner was in charge of the foreign trade shows. Even though both petitioner and Crocus were parties to the cooperation agreement and trade show contracts with Expocentr, petitioner alone was obligated to pay rent and other fees for the use of the pavilions, and petitioner was the principal party in negotiations with Expocentr for the future use of pavilions. These contracts suggest that petitioner and Crocus did not represent themselves as a partnership or as joint venturers to Expocentr.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011