International franchising
For many of the franchisors and franchisees active in the Netherlands, operations do not stop at national borders.
For example, numerous formulas originate from abroad and, in practice, the appointment of a master franchisee is often used. This master franchisee is given the right to enter into sub-franchise agreements with franchisees (independent entrepreneurs) in an agreed territory. The rights and obligations between the Master Franchisor and Master Franchisee are set out in a separate Master Franchise Agreement. This agreement is often governed by foreign law.
Dutch franchisors also regularly look beyond national borders for opportunities to expand. The question often arises as to whether it is wise to opt for a master franchise construction or, instead, to conclude a contract directly with franchisees abroad. Consideration should also be given to the choice of applicable law and the competent court or arbitrator, in which it is important that the final decision of the court or arbitrator can be enforced.
Numerous considerations have to be made in the above, with which the attorneys of Ludwig & Van Dam franchise attorneys have a lot of experience. In addition, Ludwig & Van Dam franchise attorneys have an extensive international network of specialists and short lines of communication.