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1.

Write a case of International Franchise

SUBWAY

This fast food chain has over 37,000 stores around the world, making this business the most impactful
of the on-site franchises. The initial investment to open a store can be as high as $100,000.

2. Include the elements needed to make a Letter of Intent for your case

Franchisors grant rights to third parties in exchange for economic benefits, brand use, and
knowledge. The franchisor grants rights to a third party in exchange for economic
benefits, brand use, and knowledge.
The agreement must comply with the laws of the territory where the franchise is
established.

Key Terms:

Respect the agreement between the parties and identify obligations related to brand, non-
compete and vendor terms. It should include an opening date schedule and a franchise
subrogation agreement between local chain members.

Risks:

Trademark registration of the brand in the area being developed, brand.


Commercial image management.

3. Prepare a franchise agreement to safeguard the interests of the parties, and underline in black
the ICC model clauses you added

ICC model arbitration clause

Any dispute arising out of or in connection with this Agreement shall be settled expressly
by one or more arbitrators appointed in accordance with the Arbitration Rules of the
International Chamber of Commerce. The parties are free to tailor the terms they choose
to their particular circumstances. For example, the ICC Arbitration Rules contain a
presumption in favor of one arbitrator, so you can specify the number of arbitrators. You
can also specify the language of the arbitration, the place of arbitration, and the law
applicable to the nature of the matter. The ICC Arbitration Rules do not limit the parties'
freedom of choice as to the place or language of arbitration or the law applicable to the
contract. When amending the terms, care should be taken to avoid the risk of ambiguous
language when drafting clauses. Unclear language can cause uncertainty and delay, and
can impede or even prejudice the dispute resolution process. The parties should also
consider all factors that may affect the enforcement of the clause under applicable law,
including any mandatory requirements for the place of arbitration and the place of
enforcement or intended enforcement.

Staggered Clauses

ICC arbitration can be the forum for finalizing a dispute after attempts have been made to
resolve it by other methods, such as mediation.

Parties wishing to include different stages of dispute resolution clauses in their contracts
should refer to the following See the model clauses associated with the ICC Arbitration
Rules. Other combinations are possible. For example, arbitration may be used for expert
opinions or as a resource after a dispute has arisen. Similarly, if an expert opinion is
required during an ICC arbitration, the parties may present an expert. Arbitration. Below
are model clauses for these and other combinations of services. These model clauses are
available in various languages and can be found at www.iccarbitration.org.

4. Analyze the terms of the contract in the light of the UNIDROIT Guide on Master Franchise

Article 3 Notice or written communication.


● Time limits

● All pleadings and other written submissions presented by either party. All pleadings and other written
submissions filed by any party shall be submitted in the same number of copies as all documents annexed
thereto. 1 copy In addition to the copies of the parties, the number of copies for each arbitrator and the
number of copies for the Secretariat. 1 copy A copy of all correspondence sent by the arbitral tribunal to
the parties shall be sent to the Secretariat.

must be sent to the Secretariat.

The time limits provided for in these Rules or under these Rules shall run from the day following the date
of

The periods prescribed or established under these Rules shall run from the day following the date on
which a communication or notification is deemed to have been made in accordance with the provisions of
these Rules. Time limits prescribed or determined pursuant to this Regulation shall run from the day
following the day on which a communication or notification is deemed to have been made in accordance
with the preceding paragraph. Where

such date is a public holiday or a non-working day in the country in which service is deemed to have been
effected, the period shall run from that date; and if such date is a public holiday or a non-working day in
the country in which service is deemed to have been effected, the period shall run from the following
working day.

If that day is a public holiday or a non-working day, the period shall begin on the next working day. If the
last day of the period coincides with a public holiday or a working day in the country in which service is
to be effected, the period shall be determined by the public holiday or working day in the country in
which service is to be effected. If the last day of the period coincides with a public holiday or a working
day in the country where service is to be effected, the period shall end at the end of the first following
working day. Termination

CHAPTER 5 THE ROLE OF THE FRANCHISER

A. Duty to Inform

B. Training

C. Manuals

D. Support and other services

E. Other Operator Obligations

F. Transferee Rights

CHAPTER 6 THE ROLE OF THE SUB-FRANCHISER

A. Trial run

B. Development Schedule

C. Development Schedule Update

D. Operational Obligations

E. Language Issues

CHAPTER 7 THE SUBFranchise AGREEMENT


A. First option: Follow the provisions of the prescribed standard form contract.

B. Second option: Provide a specific structure, including some mandatory clauses.

C. Comply with the provisions of the sub-concession agreement and the laws of the host country.

D. Enforcement of the Sub-Franchise Agreement

E. Improve the Sub-Franchisor's communication and systems

F. Choice of court and choice of governing law

5. express final opinions


5. Give your final opinion

These clauses are the initial basis for the parties to rely on the alternative methods they have chosen to
resolve their disputes through the bodies established for that purpose.
On the other hand, there are also clauses that prevent a number of events that may occur in the future.
One of these is economic hardship, which explains how the parties should deal with events such as
currency devaluation, unforeseen circumstances or force majeure, corporate insolvency, etc.
There are many risky situations that arise in international trade. Remember Dealing with different
cultures, different economic systems, and political and social developments in countries that witness
different levels of growth. All of these have been addressed by international authorities. Through model
laws and standard clauses, documents with global effect, such as contracts, are created.
Documents with global effect, such as contracts. This has enabled international trade to operate more
effectively and efficiently.

Referencias
Juan Cortez (2010) Internacionales exitosos

https://www.merca20.com/5-franquicias-internacionales-exitosas/

https://iccwbo.org/publication/standard-icc-arbitration-clauses-spanish-version/

Miguel Leal (2022) UNIDROIT

https://www.unidroit.org/publications/106-unidroit-publications/97-guide-tointernational-master-
franchise-arrangements-second-edition-2022

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