Alternative Dispute Resolution (ADR) › Franchise Law

Focused on Franchise Law - April 2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Bajio, LLC v. Brad Woodward, Sanford Woodward, and Bajio Mountain West, LLC

Ruling on Motion to Vacate Arbitration Award

PADRM (Pia Anderson Dorius Reynard & Moss, LLC) attorneys led by partners Rob Reynard, Kendra Shirey and Bill Kimball were successful in getting the Fourth District Court to vacate entirely a $8.4 Million Arbitration Award...more

First Circuit Makes Circuit Split Lopsided In Favor Of Narrowing Impact Of Stolt-Nielsen

With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more

Franchise Review - May 2012: Other Legislation

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

Franchise Review - May 2012: Franchise Legislation

Manitoba’s The Franchises Act (the Act) and Franchises Regulation (the Regulation) have been proclaimed into force with an effective date of October 1, 2012. On and after that date, franchisors granting franchises to be...more

China 20/20 - Legal & Regulatory Developments - March 2012

In This Issue: 2012 Annual Inspection for Foreign Invested Enterprises Kicks Off; China Amends the Measures for Disclosure of Franchise Information; China Clarifies Import Duty Treatment for Foreign Invested Projects;...more

Petitioner Seeking To Vacate International Arbitral Award Has Choices Concerning How To Serve Respondent

Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway....more

Class Action Waivers in Commercial Agreements: Comparing Their Treatment in the US and Canada by Jennifer Dolman and Matt Thompson

This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US...more

Does a Decision to Arbitrate Still Make Sense by Leslie Dizgun and Jennifer Dolman with the assistance of Matt Thompson

This paper was presented at the Ontario Bar Association 11th Annual Franchise Law Conference on November 2, 2011. It addresses whether arbitration makes sense in the franchise context and summarizes how the courts have...more

Prelitigation Dispute Resolution Clauses: Getting the Benefit of Your Bargain

Originally published in Franchise Law Journal, Volume 31, Number 1, Summer 2011. Alternative dispute resolution is often touted as a necessity in the American legal system to avoid the high monetary, time, and people...more

Osler Update: Supreme Court of Canada Allows Parties to Escape Arbitration Clause and Pursue Class Action

This Osler Update is a summary of the much anticipated Supreme Court of Canada decision in Seidel v. Telus Communications Inc. (Telus)which was released on March 18, 2011. At issue was whether a mandatory arbitration clause...more

How to Minimize Franchise Disputes in China

This article discusses several ways one can minimize franchise disputes in China....more