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Vol 3 (2005) - Issue 6

Disclosure in international franchising

John R F Baer, Sonnenschein Nath & Rosenthal LLP, Chicago, Eckhard Flohr, Tigges Rechtsanwälte, Düsseldorf, Leonard Polsky, Gowling Lafleur Henderson LLP, Vancouver and Marco Hero, Tigges Rechtsanwälte, Düsseldorf

The purpose of this article is to provide practical guidance to practitioners in coping and complying with the various international disclosure laws or regulations when a franchise client decides to internationalise its franchise programme.

EU Report December 2005

James Webber, Solicitor, Eversheds LLP, Brussels.

A selective ban on lorries on an Austrian motorway has been held to restrict trade between Member States and the Court of First Instance has taken a robust attitude against annulling Commission decisions to fine or reducing fines in cartel appeals.

US Report December 2005

Lauren J. Murov and Michael G. Brennan, DLA Piper Rudnick Gray Cary US LLP, Chicago

Both cases in this month’s report consider forum selection clauses. In the first, the court held that a distributor agreement between a Swedish manufacturer and a California distributor contained an enforceable forum selection clause designating that disputes regarding the Agreement would be settled by the courts of Sweden, the Swedish corporation having failed to present an argument sufficient enough to repudiate the forum selection clause contained in the Agreement. In the second case considered, the court was reluctant to interfere with the parties’ agreement as to forum due to the fact that, at the time of contracting, the parties should have foreseen whatever ‘inconvenience’ might arise from being forced to litigate in the contractual forum.