Arbitration
Article Abstract:
Franchisors were successful in four cases where contractual arbitration clauses were at issue except in the US Eastern District Court in Connecticut, which denied enforcement of the arbitration clause where the claim was fraud in the inducement of the clauses itself. The US 2d Circuit Court of Appeals held that where a franchisee's claim is fraud in the inducement of the franchise contract as a whole, the arbitration clause is enforceable. Two Eastern District Court of Pennsylvania cases held against the same franchisee on the scope of injunctive relief and consolidation of claims.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1997
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Antitrust developments
Article Abstract:
Franchisees were successful in two of three pretrial motions in cases involving antitrust claims. The US district courts in the two cases found that the franchisees presented enough evidence of unlawful resale price maintenance agreements to withstand the opposing motions. The franchisor's motion to dismiss was granted in a third case where the district court found the restraints at issue were not per se illegal but were vertical primarily because the competition affected was interbrand.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1997
User Contributions:
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