John Wins The Arbitration Case Doubt: Franchisees Question The Use Of Money.

For more than a year.

Zheng Jie also has to pay for his original choice.

It was over a year since Zheng Jie submitted their application for arbitration in November 23, 2010.

In the long run of arbitration, the duration of the hearing is postponed. Whether they are willing or not, the losses are borne by them, and they need to bear more than 23 million yuan in economic losses.

Arbitration has become a "losing battle", but each has its own reasons.

Zheng Jie's arbitration request was rejected and an agreement was reached.

In February 24, 2011, Shanghai bar John Catering Management Co., Ltd. (hereinafter referred to as "Shanghai bar John") sent people to Changzhou to negotiate with Zheng Jie for signing the agreement on equipment purchase and sale.

"At that time, the store had already been closed, and it was not one or two days to negotiate with the company. As long as the paper was signed, the equipment purchased from the store was repurchased by Shanghai baseball John, at a price of 1/3 yuan at the time of purchase, 278 thousand and 200 yuan."

Zheng Jie said.

If signed, the store will close down smoothly and lose a little bit; if it is not signed, it will not know when it will be delayed.

What lies ahead of Zheng Jie is a dilemma.

However, it is important that there is a general agreement in the agreement: "if you sign, you have to give up the right to arbitrate."

"If you don't sign, the pile of equipment will become a pile of scrap iron, and the loss will be even greater.

At that time, the paper agreement was signed for the purpose of self-protection.

Zheng Jie told the new financial reporter.

according to

On the second day, after the Court opened in February 25, 2011, John, the Shanghai bar, delivered the "application for postponed hearing" in court.

The final result of arbitration is to reject Zheng Jie's entire arbitration request.

In the case of another arbitration case with Zheng Jie, although there is no such agreement, it can still be ended by "rejecting all the arbitration requests of the applicant".

Xu Baotong, a lawyer at Shen Hao law office in Shanghai, believes that the two arbitration cases actually "did not enter the actual trial", while the latter "did not answer the focus of controversy between the two sides". In other words, "did not solve the problem".

It is important that the eighth agreement of the agreement stipulates that the agreement can not be made public until the delivery is completed.

But on the second day, John asked the arbitration tribunal to postpone the hearing.

For the Shanghai bar, John, through the agreement on the sale of equipment to prevent Zheng Jie arbitration, Xu Baotong lawyer also strongly counterattacked in the arbitration tribunal: "from the dishonest behavior of bar John company, there are some abominious acts that can not be observed. It can be seen that the buy back equipment of baseball John company is false, preventing the parties from revealing their fraud is true.

At the same time, we can see that rod John has done everything possible to prevent its franchisees from safeguarding their legitimate rights and interests, so as to prevent their wrongdoing from happening.

information disclosure

In Zheng Jie's view, it was because of problems encountered in the course of operation that a franchisee Committee of franchisees was established.

Whether it is the "receipt" problem that the franchisee pays, or the subsequent supply of materials violates the agreement of "Ping Jin Ping out, not raising the price".

Their "allies" had frequent problems from the beginning.

They tried to sit down to co-ordination, but they found it was only their wishful thinking.

Shop decoration problems, Shanghai bar John will find decoration companies and franchisees to discuss; food safety risks, Shanghai bar John will find suppliers and franchisees "theory"; a microwave oven, the market price of 800 yuan, while the Shanghai bar John unified distribution of 1200 yuan.

"The decoration company is not what we are looking for, the supplier is not what we talk about, and what kind of identity we have with the other side."

Zheng Jie asked rhetorical questions.

However, the most important thing that Zheng can't accept is not to make money.

"I can assure you that there is little money in franchisees.

Unless the store rent is cheap, the lot is good.

We joined a franchisee, the storefront or their own house failed to hang on, and finally closed down.

Zheng Jie said.

Today, the franchisee Committee no longer exists, because the franchisee's continuous withdrawal.

At that time, he wanted to "hug and warm himself" and failed to play a big role.

"John, a Shanghai baseball player, said at the franchisee conference that we would sue if we wanted to sue.

This is not a private statement, it is said in public.

Zheng Jie emphasized.

It is because we do not make money that we want to provide Shanghai's John financial data for two years, which is also within the scope permitted by national laws and regulations. "We have not made excessive demands."

Zheng Jie said.

Although this request is not excessive in Zheng Jie's view, until the failure of arbitration, Zheng Jie still failed to see the information he wanted to see.

As a franchiser, we must follow the "two principles" in China.

Although Zheng Jie's arbitration request only hoped that Shanghai bar John disclosed the information that should be disclosed, not even a claim for compensation.

However, "the state law stipulates that the franchisor will disclose it, but arbitration can not be disclosed."

Who will listen to it? Who will supervise the arbitration? "Zheng Jie was puzzled.

In this regard, Li Weihua, a franchise expert, emphasized that when franchisees engage in franchising activities, they must disclose information to the franchisee in accordance with the "one two law" information disclosure requirements, and are active and voluntary.

No record

Today's Zheng Jie will not try to join.

In his view, "joining is not fun."

Although Li Weihua thought that even if he failed in joining the investment, he could not put all his responsibilities on the franchisor.

As a franchisee, in the process of operation, we must also actively pay, not rely solely on the "leader".

But at the same time, he also thought: "the franchisee who does not support the franchisee's success is irresponsible."

However, in real life, such a leader is no shortage of people.

Recently, a foreign catering enterprise wanting to enter China consulted Xu Baotong lawyer.

The core issue is: when a foreign food and beverage company is preparing to enter Shanghai, how to make a set of processes will not only allow franchisees to "come to fame" for their favorable conditions, but also avoid the risk of John's franchising.

"To a certain extent, this company has the suspicion of making money by the franchisee."

People in the industry are so commented.

In this way, it is particularly important to have a clear mind when choosing a leader.

Li Weihua summed up 9 very important elements for him.

They are: Franchising theory and knowledge preparation, industry positioning, comprehensive collection of information from franchisees, selection of franchisees or allies, four step plan, project evaluation, determination of franchising forms, selection of enterprise entities, selection of items and fund-raising, and signing of contracts.

Because the arbitration result was questioned, the new financial reporter contacted the Shanghai bar John Catering Management Co., Ltd., on the information it should disclose; formulated the criteria for joining fees, margin and construction fees; the reasons for receipt; and the qualification certificates of Papa John 's international company's franchise rights.

The reply from the other side is that the arbitration lawsuit between John and John has already come to an end. The arbitration tribunal has rejected all the arbitration requests of the applicant.

John, who runs in China, has always followed China's laws and regulations.

The company, which has always claimed to abide by Chinese laws and regulations, failed to find its company name in the "business franchise management system".

However, in accordance with the provisions of the "one two law", the The Mobility Company engaging in franchised operations across the province, autonomous region and municipality directly under the central government shall file a record with the competent department of commerce under the State Council.