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The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective

Laura Ramona Nae ()
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Laura Ramona Nae: legal advisor, member of the College of Legal Advisors in Bucharest, affiliated and doctoral student of the Doctoral School of Law within the Bucharest University of Economic Studies, Romania.

Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 3, 456-472

Abstract: The hotel franchise contract in the HoReCa field is of particular importance from the point of view of the development of this network, of increasing the profitability of the business of both contracting parties, respectively of the franchisor and the franchisee. The interpretation of the clauses resulting from this contract, specific to this domain of activity, implicitly generates a series of disputes. This article provides an overview of the clauses specific to this type of contract as well as the alternative dispute resolution methods (ADR) used in the case of disputes resulting from the international hotel franchise contract and, in particular, of mediation and arbitration. The article also presents considerations regarding legal solutions adapted to online platforms, in particular regarding the ADR method of online mediation (ODR).

Keywords: HoReCa; hotel franchise contract; foreignness; disputes; ADR methods; arbitration; mediation. (search for similar items in EconPapers)
JEL-codes: K12 K15 K29 K39 (search for similar items in EconPapers)
Date: 2023
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