Are You A LatAm-Based Entrepreneur Currently Involved In, Or Considering Entering Into, A Franchise Agreement?

Resolving disputes that may arise between franchisors and franchisees efficiently is crucial to maintaining the stability and success of a franchise arrangement. Common approaches to franchise dispute resolution include mediation, arbitration, internal resolution mechanisms (such as designating a franchise advisory council or representative to address disputes) and litigation. To learn about how to establish an international franchise in the region or expand your business to other countries, you can read Brown Rudnick's article on that topic by clicking here.

When dealing with franchisees in Latin America, a franchisor should not assume that its choice of law and forum selection will be upheld by local courts. Also, the laws of a franchisee's home jurisdiction can present challenges for a franchisor attempting to enforce its dispute resolution provisions.