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ARTICLE · 22 JULY 2025

The Rise Of Arbitration In Franchise Disputes

Khurana & Khurana, Advocates and IP Attorneys
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A franchise agreement is a binding Agreement, which the franchisee is allowed to operate their business or to offer, sell, and distribute goods or services (or do both).

IndiaLitigation, Mediation & Arbitration

Introduction:

A franchise agreement is a binding Agreement, which the franchisee is allowed to operate their business or to offer, sell, and distribute goods or services (or do both). The franchise fee is paid to the franchisor on an ongoing license basis or under a one-time agreement. The primary goal of this agreement is protecting franchisor's Intellectual Property. It's also to ensure that every franchisee runs the company in the way the franchisor is known for in terms of their name and field. "Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court."1 An impartial and more franchise specific third party (arbitrator) makes legally enforceable decisions following the evaluation of evidence in arbitration, which is a type of Alternative

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