Download presentation
Presentation is loading. Please wait.
Published byJoseph Cummings Modified over 9 years ago
1
The issue of applicable law in international franchising Silvia Bortolotti
2
Index Contractual framework Choice of law Effectiveness of the choice Co-ordination with the choice of forum/arbitration Law applicable in the absence of choice
3
Contractual framework Master franchising: contract between franchisor and master franchisee contracts between the master franchisee and the sub-franchisees Area development / area representation: contract between franchisor and area developer / area representative contracts governing the franchise units
4
Choice of law Laws of the franchisor’s home country Laws of the host country Laws of a third country Further solutions (e.g. lex mercatoria, UNIDROIT Principles)
5
Effectiveness of the choice Provisions that can be derogated from by the parties Mandatory rules Internationally mandatory rules
6
Co-ordination with the choice of forum/arbitration Application of internationally mandatory rules by national Courts Enforcement of foreign judgements
7
Conclusive remarks on choice of law The choice of law (together with the choice of forum/arbitration) should not be overlooked while drafting and negotiating those types of contract It is advisable to carefully verify the effectiveness of the specific contractual provisions within the host country
8
Law applicable in the absence of choice Possible criteria provided by conflict of law rules: -characteristic performance -law of the franchisee's country -law of the place where the contract was concluded -law of the place of performance
9
Thank you for your kind attention! Silvia Bortolotti
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.