What is the arbitrator required to follow and apply when determining the arbitration award for Southern Steer?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
THE ARBITRATOR WILL AGREE TO FOLLOW AND APPLY THE EXPRESS PROVISIONS OF THIS AGREEMENT IN DETERMINING THE ARBITRATION AWARD.
THE ARBITRATOR WILL NOT EXTEND OR MODIFY OR SUSPEND ANY OF THE TERMS OF THE AGREEMENT OR THE REASONABLE STANDARDS OF BUSINESS PERFORMANCE AND OPERATION ESTABLISHED BY FRANCHISOR.
THE ARBITRATOR SHALL BE BOUND TO APPLY THE APPLICABLE LAW AND SHALL NOT RULE INCONSISTENTLY WITH APPLICABLE LAW.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to Southern Steer's 2025 Franchise Disclosure Document, the arbitrator is required to adhere to specific guidelines when determining an arbitration award. The arbitrator must follow and apply the express provisions outlined in the franchise agreement. This means the arbitrator's decisions must be based on the specific terms and conditions agreed upon by both Southern Steer and the franchisee in the franchise agreement.
Furthermore, the arbitrator is not allowed to extend, modify, or suspend any terms of the agreement. This ensures that the original contract remains intact and enforceable. The arbitrator also cannot alter the reasonable standards of business performance and operation established by Southern Steer. This provision aims to maintain consistency and protect Southern Steer's brand standards across all franchise locations.
In addition to adhering to the franchise agreement, the arbitrator is bound to apply the applicable law and cannot make any rulings that are inconsistent with it. This ensures that all decisions are legally sound and compliant with relevant regulations. These stipulations provide a framework for fair and legally compliant arbitration proceedings, protecting the interests of both the franchisor and the franchisee while maintaining the integrity of the Southern Steer brand and operational standards.