Franchise And Arbitration: Brief Study From An Emblematic Decision Of The Superior Court Of Justice

• Autor(a) principal: Coulon, Fabiano Koff
• Data de Publicação: 2019
• Outros Autores: Cantali, Fernanda Borghetti
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/34610
• topic: Franschising; Arbitration; Standard form contract; Market; Legal certainty.; Franquia; Arbitragem; Contrato de Adesão; Mercado; Segurança Jurídica

Franchise is a business concluded for collaborationbetween entrepreneurs. In the case of a business-to-businesscontract, it is essential to guarantee the autonomy and contractualfreedom of the parties, respecting, for example, the clause thatelects arbitration to resolve conflicts. The franchise systems, to function as such, require a certain standardization, includingthe contract that instrumentalizes the business. However, thestandardization of business cannot imply in the classification of the franchise contract as a pure standard form contract. Nevertheless, this was the main argument used by the brazilian Superior Court of Justice to void a pathological arbitration clause inserted in a franchise agreement, submitting the controversy to the Judiciary. The main objectives of this article are to demonstrate that the franchise contract is not a pure standard form contract, as well as that such judicial guidance generates insecurity for the business relations and destabilizes the market. The case is taken as the starting point for the analysis, through the use of the inductive method.