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Lapointe Rosenstein Marchand Melançon LLP | Canada | 29 Mar 2022
No hire, no foul: anti-competitive analysis of "no-hire" clauses in franchise agreements
The Supreme Court of British Colombia recently struck down portions of a class action lawsuit, rejecting allegations that employee wages are suppressed as a result of the standard "no-hire" clause found in the Tim Hortons franchise agreement, in violation of section 45 of the Competition Act. The decision serves as a reminder that the courts will narrowly interpret this provision given its......
Brodies LLP | France, United Kingdom | 17 Feb 2022
A tale of two cities: the importance of stipulating the governing law of an arbitration agreement
It has been said that between Paris and London, the best thing is the Channel. And, undoubtedly, the entente cordiale is currently experiencing some…
Darwin Gray | United Kingdom | 21 Dec 2021
Franchisors: Top Tips to Avoid a Dispute with a Franchisee
The franchisor-franchisee relationship is incredibly important to the success of a franchise business. However, sometimes disputes are unavoidable…
Noerr PartGmbB | Germany | 14 Dec 2021
Franchisor's pre-contractual duty to inform
In June 2021, the Munich Higher Regional Court had to decide whether a franchisor had breached its pre-contractual duty to inform a franchisee in connection with the conclusion of a company purchase agreement. The ruling illustrates that the duty to inform plays a role not only in the conclusion of the franchise agreement, but also in the context of company purchase agreements. Franchisors......
Lapointe Rosenstein Marchand Melançon LLP | Canada | 14 Dec 2021
Disclosure: what affects a franchisee's decision to invest?
In recent years, the well-known Raibex matter, as considered under the Arthur Wishart Act (Ontario), has drawn specific attention to the types of disclosure failures or shortcomings that may give rise to rescission claims for franchisees, based on an appreciation of whether the prospective franchisee was in a position to make an informed investment decision. This article explores the......
Fieldfisher | United Kingdom | 23 Nov 2021
Supreme Court confirms limited scope of economic duress – what does this mean for franchising?
The Supreme Court recently unanimously held that economic (or lawful act) duress is a valid concept under English law. The Court also confirmed the key elements of the doctrine and provided clear guidance on how it should be applied by the courts. This decision is relevant to franchising and distribution relationships where the franchisor or principal is a monopoly supplier and there is an......
Shoosmiths LLP | United Kingdom | 10 Nov 2021
International Arbitration: UK Supreme Court Judgment, Kabab-Ji SAL v Kout
This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment…
K&L Gates LLP | United Kingdom | 3 Nov 2021
UK Supreme Court Provides Further Guidance on the Governing Law of an Arbitration Agreement: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)
Following the decision in Enka Insaat ve Sanayi A.S. V OOO Insurance Company Chubb [2020] UKSC 38 (Enka) on which we previously reported, the UK…
Corrs Chambers Westgarth | United Kingdom | 28 Oct 2021
UK Supreme Court provides further guidance on laws applicable to arbitration agreements
The Supreme Court of the United Kingdom handed down judgment on 27 October 2021 in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) providing…
Hunton Andrews Kurth LLP | USA | 27 Oct 2021
7-Eleven Franchisees are Independent Contractors Under Borello Test
A critical ruling in the world of franchising, in Haitayan v. 7-Eleven, Inc., 2021 WL 4078727 (C.D. Cal. Sept. 8, 2021), the U.S. District Court for…
