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02 October 2018
Karsten Metzlaff Admissibility of lawsuit despite effective mediation clause in franchise agreement

Germany - Noerr LLP

A recent Hamburg Regional Court decision is generally understood to have solidified the first franchise-related court judgment on bad faith regarding mediation clauses rendered by the Saarbruecken Higher Regional Court in 2015. However, at second glance, the Hamburg judgment provides a different reasoning for bad faith regarding a mediation objection and might therefore serve as a new application of bad faith in future franchise-related court proceedings regarding mediation clauses.

Authors: Karsten Metzlaff, Tom Billing
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