Franchisees: do not conclude arbitration clauses, but do take out legal expenses insurance
In conflicts between franchisor and franchisee, it often happens that the parties do not fight with equal arms. This may be due, among other things, to the fact that the franchise agreement contains an arbitration clause. Arbitrators must be paid for by the parties. The costs of such a procedure can therefore turn out to be extremely high. In practice, this more than once means that the franchisee is unable to litigate against the franchisor, who is generally better able to finance arbitrators. Consequence: the franchisee has no possibility to start arbitration proceedings or sometimes even to defend himself. Arbitral clauses in franchise agreements therefore entail legal inequality. There is then no question of equality of arms, one of the basic principles in a civilized constitutional state.
In addition, it is more than once problematic for a franchisee to obtain legal assistance when this is indicated. If the franchisee needs to hire a lawyer, it is not always easy to pay this service provider. This problem can be overcome if the franchisee insures himself of legal assistance when entering into the franchise agreement by taking out legal assistance insurance. This prevents the franchisee from being unable to obtain adequate legal assistance on financial grounds.
Ludwig & Van Dam franchise attorneys, franchise legal advice
Other messages
The franchise formula as the destination of the rented property
The Amsterdam Court of Appeal recently ruled on the question of whether a tenancy agreement can be dissolved and the rented property should be vacated.
Association of Franchisees of the Netherlands launched
Association of Franchisees of the Netherlands launched
Dissolution of the franchise agreement justifies dissolution of the related lease agreement
Dissolution of the franchise agreement justifies dissolution of the related lease agreement
Forecasts not achieved: franchisor liable. Remarkable?
The court recently rendered judgment between a franchisor and one of its franchisees.
Mistake and Void Franchise Agreement Based on False Forecast – Tort
On January 15, 2014, the District Court of the Northern Netherlands rendered an interesting judgment between Lilly's Ice Cream & Chocolate as franchisor and one of its franchisees.
Franchise contract not signed? Still bound…
Franchise contract not signed? Still bound...