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This publication is part of the Arbitration Law Database

International Franchising - Third Edition

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International Franchising - 3rd Edition is an in-depth examination of the most important and practical questions relating to international franchising. Designed for use by the franchise attorney or professional, it is the preeminent work for the franchisor who either is contemplating, or already has, an international presence. This work, besides exploring the legal and related business factors of entering into an international franchise agreement, offers strategy and analysis regarding the different commercial alternatives or vehicles available to the franchisor (direct franchising, master franchising, development agreements, joint ventures and test-period agreements) and how to avoid and deal with some of the inherent difficulties associated with them. Appendices provide important legal information and documents relating to international franchising.

Topical Coverage includes:

  • Legislation Impacting on Franchising
  • Specific Legislation Relating to Franchising
  • The Decision to Franchise Internationally
  • The Different Commercial Vehicles Available to a Franchisor for International Expansion
  • Direct Franchising
  • Development Agreements
  • Master Franchise Agreements
  • Negotiating an International Franchise Agreement
  • Other Forms of International Franchise Agreements
  • International Joint Ventures
  • Commonly Used Provisions and Terms
  • Test Period Agreements
  • Trademarks
  • Tax Considerations
  • The Block Exemption Regulation for Franchising Agreements of the EC

Alexander S. Konigsberg, Q.C. is Senior Partner, Lapointe Rosenstein (Montreal, Canada) and Former Chairman of Committee X (International Franchising), International Bar Association (1990-1994); Associate Editor, The Journal of International Franchising and Distribution Law (1986- ). Mr. Konigsberg has negotiated international franchise agreements in over 35 countries and has written over 50 legal and business articles on franchising which have been published worldwide.

Mr. Konigsberg was the only non-American who was asked to appear as an expert witness before the US House of Representatives Committee on Small Business in their hearings on franchise legislation in 1990. In addition, in 1996 he was the only non-American to appear before the U.S. Federal Trade Commission in its workshop on the international application of the Federal Franchise Rule. In 1990 he was named "Franchising Personality of the Year" by the Quebéc Franchise Association. In addition, in 1993 he was honored with the Merit Award by the Canadian Franchise Association.

"... the most comprehensive guide to the topic available."
- Franchising World flagship publication of The International Franchise Association (IFA)

"International Franchising is an outstanding guide for businesspeople, professionals and consultants who are engaged in, or anticipate becoming engaged in, international franchising. Carefully crafted, and easy to assimilate, International Franchising is a book that when read in its entirety provides an excellent background for international franchising, and when read selectively provides reference material for resolution of specific issues arising in negotiation and implementation of international agreements relating to franchising."
-Richard M. Asbill, Partner, Paul Hastings Janofsky & Walker; Former Chair of the Governing Committee of the American Bar Association’s (ABA) Forum on Franchising and of the International Franchising Committee (X) of the International Bar Association (IBA)

"Alex Konigsberg's International Franchising has proven to be of significant benefit to me both in my international franchising practice as well as my teaching responsibilities.... His guidance on choice of jurisdiction and law provisions, arbitration, withholding taxes, etc. cogently demonstrate his skills in identifying the most salient issues in international franchising with effective solutions. This book serves as an invaluable resource to both the seasoned and less experienced practitioner. I have utilized Alex Konigsberg's book in my Franchise Law Course at Emory Law School with excellent results. Konigsberg's updated version of this book ... will only serve to enhance the stature and value of this important work."
-Morton H. Aronson, Of Counsel, Kilpatrick & Stockton; Former Vice President and General Counsel, Franchise, Holiday Inns, Inc.

"With the new edition of International Franchising, Alex Konigsberg has improved an already outstanding work. Issues related to franchising are extraordinarily complex. Mr. Konigsberg deals with these issues in an orderly, logical, and comprehensive manner, acquainting the reader with virtually all aspects of international franchising. The book contains a broad range of country-specific economic and legal information and guides the reader through business and structural aspects of international franchising. With its attention to trends and developments in international franchising, Mr. Konigsberg’s work will continue to be the leading authority in the area for years to come."
-Franchise Law Journal (ABA)

"There are books you believe will one day be useful and there are books you find useful or necessary from the first day you receive them. After only a quick review, readers of International Franchising will describe it as the latter. The new edition of International Franchising further establishes Alex Konigsberg's expertise in this extremely complex field. It is comforting to note that Mr Konigsberg, unlike most 'experts', is able to cogently address the essential issues of international franchising in a practical and common sense way.

International Franchising is a well written, reasoned and organized book. Mr Konigsberg clearly communicates his points and provides the reader with a useful tool for analyzing international franchise issues. International Franchising is a book one keeps at the desk as both a quick reference and thorough resource. As such, Mr Konigsberg's work will maintain its stature in the years ahead."
-International Business Lawyer (International Bar Association)


 

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