Tag: franchise disputes

franchise arbitration

Franchise Dispute & Arbitration Advantages in UAE

Posted by Al Reyami on

Advantages Of Franchise Dispute And Arbitration in Dubai UAE

Arbitration is an alternate dispute resolution whereby the parties recourse to a private court with nominated judges known as arbitrators.

It is widely used all over the world for resolving international disputes such as franchise due to their nature being neutral and unbiased.

The basis of its neutrality is all dependent on the selection of the arbitrator which is done so with the consent of both parties. It is flexible too with time, place and procedures even in some cases giving judgment on the basis of documents alone without summoning parties or their lawyers.

The court proceedings carried out by state courts are public whereas in arbitration there is privacy and confidentiality.

Furthermore verification of enforcement of the court judgments or the arbitral award is of prime importance prior to dispute resolution due to the fact that court judgment is not recognized in some countries where as arbitral award under New York convention is recognized and can be enforced internationally within 156 countries of New York convention.

The clauses under arbitration are to be enforced as written to avoid waste of money and time of both the parties.

franchise litigation

Franchise Dispute & Litigation in UAE

Posted by Al Reyami on

Franchise Dispute And Litigation in UAE | Litigation Lawyers in Dubai UAE

Litigation is the proceedings in the local courts to defend or enforce the legal rights with help of an attorney.

The dispute will go in the hands of the litigation or arbitration after direct negotiation and mediation failure. However to proceed with arbitration the parties must have agreed to arbitration proceedings in the contract if not then the local courts or litigation is the option to resolve their dispute.

There can be an exception if both parties commit to proceed with arbitration even if not mentioned in the contract can do so but to be precise it is impossible because of damaged goodwill.

For international disputes such as franchise, both parties don’t prefer the litigation method as it might be biased in their proceedings. The local court proceedings favor one party in different ways such as language, procedures, and the advocates.

In litigation, the stronger party is, of course, the locals which is why most parties don’t agree with the litigation method and end up with arbitration for their disputes.

 

 

franchise mediation

Franchise Dispute & Mediation in UAE

Posted by Al Reyami on

Franchise Dispute And Mediation in UAE

Mediation has become a popular method in resolving international business disputes which includes franchise dispute and many more.

Mediator is a third party who will get involved once direct negotiation fails in resolving a franchise dispute. The failure will cost both parties as appointing a third party comes at a price.

The job of the mediator will be to assist the parties in reaching a settlement without making any decision instead helping them understand each other’s point of view.

The mediator will summon both parties and listen to their arguments and the case itself furthermore if required will summon each party alone as well.

Their role will include working on sorting out the disputed case areas and areas where they can compromise and agree. The stronger party has of course more chances of winning as compared to weaker party but that can hurt the good will and cost money and time if not settled earliest.

franchise negotiation

Franchise Dispute and Negotiation in UAE

Posted by Al Reyami on

Franchise Dispute and Negotiation in UAE

Franchise is the extension of a business which is distribution of goods and services in countries with their name and license.

Disagreements happen at some point in time in any relationship but what will happen next? Will it get resolved or become worst.

Like any other dispute franchise dispute is also due to the disagreement between franchisee and franchisor which if not resolved can lead to a costly path.

Franchise dispute may happen if the franchisee disagrees with high price for the products and services or the new product line or lacks adequate support or is too controlling.

The easy and economical solution or the way out is that both parties discuss the issues and try to resolve prior to getting third party involved.

If third party gets involved so do emotions and money! The best way to go about it is to be open and making some compromises. Goodwill of the parties is likely to lead to a fair settlement.

It should not be about who wins or who losses in a dispute when it arises instead it should be about understanding each other’s concerns and compromising on equal terms.