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Vol 13 (2015) - Issue 6

Applicable law and jurisdiction in franchising, commercial agency and distribution agreements

Luciana Bassani, Dannemann Siemsen Advogados, Rio de Janeiro, Brazil, Rebecca Bedford, Minter Ellison Lawyers, Melbourne, Australia, Arthur L. Pressman, Nixon Peabody LLP, Boston, USA, Jean-Philippe Turgeon, Lavery LLP, Montreal, Canada, Dagmar Waldzus, Buse Heberer Fromm, Hamburg, Germany

In case of a dispute between parties to a franchise agreement, the existence of franchise specific regulation, the rules on applicable law and enforcement of foreign court decisions and arbitral awards are of crucial importance. This article offers a detailed analysis of these rules with particular emphasis on Australia, Canada, the European Union, Germany and the United States as applicable to franchising as well as commercial agency and distribution. The authors also consider the impact of these rules in the context of the effectiveness and validity of choice of law and choice of forum clauses in franchising agreements as well as commercial agency and distribution agreements.

Crowdfunding and franchising

Simon Fielder and Chandini Kanwar, Bird & Bird, London

Crowdfunding is developing into a credible source of financing for franchise networks as traditional sources of funding are becoming harder to obtain. This article describes the three types of crowdfunding and analyses the UK legal framework regulating debt and equity crowdfunding. The author considers the advantages and disadvantages of this new funding solution for franchising and concludes crowdfunding is a worthwhile consideration for franchisees.