Franchise And Arbitration: Brief Study From An Emblematic Decision Of The Superior Court Of Justice
DOI:
https://doi.org/10.5433/2178-8189.2019v23n1p101Keywords:
Franschising, Arbitration, Standard form contract, Market, Legal certainty.Abstract
Franchise is a business concluded for collaborationbetween entrepreneurs. In the case of a business-to-business
contract, it is essential to guarantee the autonomy and contractual
freedom of the parties, respecting, for example, the clause that
elects arbitration to resolve conflicts. The franchise systems, to function as such, require a certain standardization, including
the contract that instrumentalizes the business. However, the
standardization of business cannot imply in the classification of the franchise contract as a pure standard form contract. Nevertheless, this was the main argument used by the brazilian Superior Court of Justice to void a pathological arbitration clause inserted in a franchise agreement, submitting the controversy to the Judiciary. The main objectives of this article are to demonstrate that the franchise contract is not a pure standard form contract, as well as that such judicial guidance generates insecurity for the business relations and destabilizes the market. The case is taken as the starting point for the analysis, through the use of the inductive method.
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Published
2019-03-29
How to Cite
Coulon, F. K., & Cantali, F. B. (2019). Franchise And Arbitration: Brief Study From An Emblematic Decision Of The Superior Court Of Justice. Scientia Iuris, 23(1), 101–124. https://doi.org/10.5433/2178-8189.2019v23n1p101
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