Can the arbitrator stay the effectiveness of a pending termination of the Bens Soft Pretzels agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator must follow the law and not disregard the terms of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, the arbitrator in a dispute is bound by the agreement's terms and must follow the law. However, the document does not explicitly state whether an arbitrator has the power to stay the effectiveness of a pending termination of the Bens Soft Pretzels agreement.
Without a specific clause addressing the arbitrator's ability to issue a stay, the franchisee's recourse during a termination dispute is unclear. The franchisee would need to carefully review the franchise agreement and consult with legal counsel to understand their rights and options.
To clarify this point, a prospective Bens Soft Pretzels franchisee should ask the franchisor directly whether the arbitration clause allows an arbitrator to issue a stay of termination, and under what circumstances such a stay might be granted. This information is crucial for assessing the potential risks and protections available in the event of a dispute with Bens Soft Pretzels.