ABSTRACT: This work aims at analyzing the use of arbitration in franchising agreements and to show the arbitration is an alternative way for conflict resolution, as it can offer many economic advantages to the franchisor as to the franchisee concerning the preparation of the franchising agreement. Methodology is based on legal literature, judicial precedents and data collected by entrepreneurial associations. The conclusion is that arbitration is an efficient solution for contracting parties. The legal admissibility of arbitration in franchising agreements shall depend on the nature of the adhesion of the contract. The factual issue shall be considered exclusively by the arbitrator (kompetenz-kompetenz).
Revista Brasileira de Arbitragem