فاعلية اتفاق التحكيم في منازعات عقود الفرانشيز

الملخص EN

Arbitration is considered one of the alternative methods of resolving disputes, as it is closer to a binding and permanent judiciary because it has many advantages, among which are speed, ease and low costs, in addition to the fact that the formation of the arbitration panel is subject to the freedom and will of the parties, which can consist of one person or several people.

Therefore, arbitration plays a major role in resolving disputes arising from franchise contracts, as long as the primary goal of the arbitrator is to search for the application of justice.

However, despite the adoption of this means of settling the dispute to be the one that should be followed, the matter is not without some shortcomings considering that the franchise contract is one of the international trade contracts in which each party aims to not be subject to the laws of another country and this is to protect their interests, so the introduction of the international commercial arbitration system is considered Both the traditional and the modern are among the best means to settle disputes in these contracts, especially in light of the technological development, which does not bear fruit except through the guarantees that the parties put in place to protect and preserve their rights.