In Dryject arbitration, can the arbitrator suspend any terms of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) In proceeding with Arbitration and in making determinations hereunder, the Arbitrator shall not extend, modify or suspend any terms of this Agreement or the reasonable standards of business performance and operation established by Us in good faith. Notice of or request to or demand for arbitration shall not stay, postpone or rescind the effectiveness of any termination of this Agreement. In the event that either Party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such Party notwithstanding said failure to appear.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the arbitrator is not allowed to suspend any terms of the franchise agreement. The document states that the arbitrator cannot extend, modify, or suspend any terms within the agreement, nor can they alter the standards of business performance and operation that Dryject has established in good faith.
This restriction ensures that the arbitrator's role is limited to interpreting and applying the existing terms of the agreement, rather than creating new ones or altering the fundamental obligations of either party. It also prevents the arbitrator from imposing different standards of business performance than those set by Dryject.
This provision aims to provide predictability and stability in the franchise relationship, as it prevents an arbitrator from unilaterally changing the terms of the agreement. Franchisees should be aware of this limitation and understand that the arbitrator's authority is confined to resolving disputes within the existing contractual framework.