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

Author

Listed:
  • 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.)

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).

Suggested Citation

  • Laura Ramona NAE, 2023. "The hotel franchise contract in the HoReCa domain and applicable ADR methods from a comparative perspective," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(3), pages 456-472, October.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:3:p:456-472
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    More about this item

    Keywords

    HoReCa; hotel franchise contract; foreignness; disputes; ADR methods; arbitration; mediation.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K29 - Law and Economics - - Regulation and Business Law - - - Other
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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