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If you operate a franchise, this may interest you
Franchisees are sometimes a disadvantage when disputes with their franchisors. New Jersey Development hereby adopt and protect the New Jersey Franchise Practice Act (NJFPA) years ago to franchisees from abuse.
The NJFPA explicitly states that a Action against franchisors franchise Institute was in the Superior Court of New Jersey for damages or injunctive relief for a violation of NJFPA again.
Franchise agreements often clashes with the franchise require donors to the exclusive jurisdiction in foreign courts convenient to the franchisor.
You be the judge: Can be forced to a franchisee dispute with a franchisor in a disadvantageous position in a designated arbitrator franchise agreement?
New Jersey courts have forum-selection clauses are kept flat invalid because it contradicts the purpose of NJFPA to New Jersey to protect franchisees ..
Recently a judge of the Chancery Division considered a franchise agreement with another wrinkle – the agreement provides that only disputes be determined by arbitration in Minnesota under the federal href = "http://www.bornsteinlawfirm.com/PracticeAreas/Arbitration-Mediation.html"> Arbitration Act. Because federal law – and not New Jersey was called correctly – the judge has the forum-selection clause is not a flat void.
The judges ruled that a franchisee still able to attack the forum selection clause under basic contract principles. However, in the case under consideration, the franchisees had not shown any reason to avoid arbitration in Minnesota.
The decision indicates that a tribunal can bring justice and may the only way to protect your rights. We know, courtrooms, we have used the power of the law in courtrooms, in order to bring justice for our clients for decades. Please contact us discuss how we can you be in a new process or a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.
The New Jersey Law Firm and its lawyers are Dedicated customer driven results and protecting individual rights and economic interests. For 40 years, the firm recognized for sound legal ruling immigration laws Real estate cases, litigation, contracts and lobbying work on behalf of the business needs of individual and business customers. If you need help with the Economic or corporate training and operations, or search for legal advice on insurance Defense, arbitration, wrongful termination, discrimination, personal injury, environmental, bankruptcy, insurance, civil rights and other litigation alternatives, the firm has extensive experience, vision, skills and talents to help you, your assets, interest and investment save. The New Jersey Law Firm's highly dedicated, motivated, experienced, qualified lawyers / attorneys and effective legal professionals are always there for you.
About the Author
Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their “in house” lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.
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