Franchise And Arbitration: Brief Study From An Emblematic Decision Of The Superior Court Of Justice

Franchise And Arbitration: Brief Study From An Emblematic Decision Of The Superior Court Of Justice

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Franchise is a business concluded for collaboration between 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 rumchata proof 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 offworld drum pads business relations and destabilizes the market.The case is taken as the starting point for the analysis, through the use of the inductive method.