katayounraisi
Deleted user
Lawyer
posted 2 years ago
Dispute resolution
If a franchise agreement is silent about dispute resolution and governing law, how should we determine those two? We have a contract with a Chinese business partner, and now that they haven't complied with the contract, we don't know if we should bring our case to Italian or Chinese national courts, or file for arbitration?
Country
  • Italy
Fields:
  • Dispute Resolution law
  • Commercial and Business Law
  • Contract
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oliverio
Deleted user
Lawyer
posted 2 years ago
In the event the franchise agreement does not include the compromise clause (also known as arbitration clause) the dispute is resolved before the ordinary court in compliance with the governing law. In the event the franchise agreement does not provide the governing law, the claimant shall file the case in the country of the failing party
patnaiksv
Deleted user
Lawyer
posted 2 years ago
Where the any clause in the agreement is missing or not stated to cover the agreement in such a case the aggrieved party has to file a case with in the Jurisdiction limits of the breach of any clause occurred. Hence a case for settlement Will be made in the courts of China and subsequently seek for transfer of the case to Italy if it is not resolved(if required) or otherwise seek the court for appointment of a Arbitrator. Thanking you. With kind regards, S.Venkateswar Patnaik, High Court Advocate, Bhubaneswar, Odisha, India Mobile Number📱📞+918480613309