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Vol 11 (2013) - Issue 6

Malaysia - Changes to franchise law

Su Siew Ling, Tay & Partners, Kuala Lumpur, Malaysia

This article summarises the changes introduced by the Franchise (Amendment) Act 2012 and analyses their impact on the franchising sector in Malaysia. The Act came into operation on 1 January 2013. It extends the scope of the Franchise Act 1998, introduces more stringent requirements and regulatory provisions for franchisees and franchisors, and enhances the penalties for non-compliance.

How will franchisors in Europe meet the challenges of the proposed Cybercrime Directive?

Dr Mark Abell, Graeme Payne and Joseph Jackson, Bird & Bird, London, UK

Cybersecurity is arguably receiving more attention than ever. For businesses that benefit from the opportunities afforded by today's digital marketplace, the past decade has seen cybersecurity move from being 'something for the IT guys to deal with' to one of the biggest challenges to their success. The scale of the challenge is such that policymakers in Europe are considering introducing regulation on cybersecurity which, if adopted, could impact the way we do business today. This article sets out the new measures that are being considered and how many franchisors might be affected. It also suggests some of the ways that franchisors might consider meeting this challenge.

Using negotiation and mediation to resolve international franchise disputes

Jeffrey A. Brimer, Faegre Baker Daniels LLP, Denver, Colorado, USA, Jennifer Dolman, Osler, Hoskin & Harcourt LLP, Toronto, Ontario, Canada, Michael K. Lindsey, Paul Hastings LLP, Los Angeles, California, USA, Dr. Karsten Metzlaff, Noerr LLP, Berlin, Germany

This article discusses the use and effectiveness of forms of non-binding dispute resolution to resolve problems that arise in international franchise relationships. It addresses the methods and structures for drafting provisions in international franchise agreements, procedures and techniques for conducting non-binding dispute resolution, and regional differences in contract provisions and procedures for conducting arbitration and mediation.