The Rise In Motor Vehicle Dealer/Manufacturer Disputes: How To Avoid Becoming A Litigation Victim
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Economic, regulatory and other market forces create a dynamic automotive industry requiring flexible strategies to stay competitive. While manufacturers must respond to international and national trends, dealers focus on local market demands. Consequently, the strategies adopted by manufacturers and dealers often conflict and result in mutually exhausting litigation, distracting resources required to stay competitive.
Sidley & Austin-Alternative Dispute Resolution
Sidley Austin LLP
This alert reviews a 7th Circuit Court of Appeals decision whereby the court ruled that an arbitration clause in a franchise agreement did not cover a dispute between the franchisor and a member of the limited liability company which was the franchisee. In addition, this article discusses another 7th Circuit case which concluded that arbitrators exceeded their authority by deciding issues that were outside the arbitration agreement.
Choice of Forum in Franchise Agreements Still Subject of Debate
Joel Siegel of Brobeck Phleger & Harrison LLP
This article discusses the on-going problem of choosing a forum for franchise agreement suits.
Michigan's Franchise Law Arbitration Provision may be Unenforceable
Dykema Gossett PLLC
A recent federal appellate court decision casts doubt upon the validity of a provision in the Michigan Franchise In.
Alternative Dispute Resolution: Which Method Is Best For Your Client
Robert Zarco
This article explores three alternative methods of dispute resolution: mediation, arbitration and litigation as app.
Automotive Manufacturer/Dealer Litigation will Likely Increase as a Result of the Changing Economic and Regulatory Landscape
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Automotive manufacturers and dealers are confronted with an increasingly competitive environment wherein too many competitors offer an excessive supply of an increasingly redundant and deflationary product to a saturated marketplace. To increase sales and profit margins, manufacturers and dealers have been forced to adopt strategies that may conflict with one another, the manufacturer's international and national strategies often at odds with the dealers' regional and local competitive requirements. These economic forces, coupled with procedural and regulatory laws, are increasingly resulting in litigation.