Franchise Dispute Resolution Through International Arbitration

DOI

10.2991/978-2-38476-180-7_123How to use a DOI?

Keywords

Franchise Dispute; International Arbitration; Franchise Legal Relationship

Abstract

Franchising is a method of product and service distribution that allows an independent business owner (the franchisee) to purchase the right to market goods and services under a parent company’s brand name and to use the franchisor’s operational network of outlets. The concept of resolution of franchise dispute is very urgent to be scientifically researched and analyzed considering that many business actors lack the knowledge of business dispute resolution through arbitration. The Law of the Republic of Indonesia Number 30 of 1999 about Arbitration and Alternative Dispute Resolution contains regulations governing arbitration. Though some of its provisions are outdated and out of step with Indonesia’s corporate growth, the aforementioned law has not been reconstructed as of yet. The issues studied in this research include: (i) How is the legal relationship between a franchisor and a franchisee and (ii) How are the disputes of franchise business resolved through international arbitration? The research uses the method of normative research. The type of the data used is secondary data – data that originate from library research, that is to say, data collected not directly from the first source but from data that have been documented in the form of legal materials. Once collected, these data were analyzed using descriptive and argumentative techniques. This research finally reveals the legal relationship between franchisors and franchisees and how franchise business disputes are resolved through international arbitration.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ni Nyoman Muryatini
AU  - Anak Agung Sagung Laksmi Dewi
AU  - Kade Richa Mulyawati
PY  - 2023
DA  - 2023/12/31
TI  - Franchise Dispute Resolution Through International Arbitration
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1212
EP  - 1219
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_123
DO  - 10.2991/978-2-38476-180-7_123
ID  - Muryatini2023
ER  -