A new ruling by the United States Court of Appeals for the First Circuit in Awuah v. Coverall case is yet the latest in a string of recent court decisions that confirm the strength and enforceability of arbitration clauses in franchise agreements.
The movie “The Artist” is an excellent illustration of how changing times and changing customer demand can leave behind those who refuse to change with them. Those companies that don’t see / don’t understand the way public tastes are changing, and those that simply refuse to evolve themselves to respond to these changes are at risk of losing business or being left behind.
A recent Maryland court decision in a franchise dispute demonstrates the importance of a carefully-drafted arbitration clause.
A popular contractual tool for franchise systems is a mandatory arbitration provision. A pair of recent decisions suggest that, where a franchisor’s franchise agreement does not directly address the issue of class- or group-wide arbitration, franchisees may be able to consolidate their claims and proceed against the franchisor as a group. The cases illustrate the importance for a franchisor of ensuring that its franchise agreement’s arbitration clause is drafted carefully.
A recent decision from the United States District Court from the Western District of Virginia highlights the importance of careful drafting of franchise agreements and, in particular, dispute resolution provisions.