The professional problem solver: the judge reinvented
In our society, a true alternative circuit of problem solvers exists, including in the form of mediators. In itself, every initiative to solve a problem is to be welcomed, and with it the problem solver. This does not mean that every problem solver is always equally skilled. In franchise disputes, legal positions are involved and ditto solution directions are guided by those who say they know, but do not always have the expertise to do so. The opposite also occurs: franchise disputes are sometimes so much governed by a legal framework as such that a practical solution is in the way, including the involvement of a mediator.
Fortunately, we in our country have well-trained and expert problem solvers par excellence, namely judges. Not infrequently, at a reasonably early stage of a procedure, the courts today force the parties, with a soft or sometimes hard hand, to find a conclusive solution to their problem, where the parties have not yet reached this direction by the court. could come together. Judges are very adept at adjudicating disputes, including franchise disputes. This does not mean, of course, that mediation is not suitable by definition; Due to circumstances, this may well be the case right now. However, if the dispute is not resolved, it is recommended that the dispute be assessed by the judiciary in order to guarantee both the quality of the legal process and the legal protection for all parties.
Ludwig & Van Dam franchise attorneys, franchise legal advice
Other messages
Update Franchise Law
On 23 May 2018, the government indicated that it would prepare a legal regulation that creates a framework for four sub-areas of cooperation between franchisors and franchisees that are crucial
On the edge of a franchisee’s exclusive territory
The Court of Appeal of Arnhem-Leeuwarden ruled on 15 May 2018, ECLI:NL:GHARL:2018:4395, on the question whether a franchisor has a branch just over the edge of the exclusively granted protection area.
Can a franchisee cohabit with a competing entrepreneur?
Can a franchisee violate a non-compete clause by cohabiting with someone who runs a competing business? On January 12, 2018, the District Court of Central Netherlands ruled
Not an exclusive catchment area, but still exclusivity for the franchisee
The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of a franchisee.
Supermarket letter – 23
AH may not reduce wages when taking over personnel from AH franchisees;
Termination or dissolution of the franchise agreement by the franchisee
In principle, franchise agreements can be terminated prematurely, for example by cancellation or dissolution. On 21 March 2018, the District Court of Overijssel ruled on ECLI:NL:RBOVE:2018:1335 on