Craig Tractenberg of Fox Rothschild. Courtesy photo Nonsignatory Held to Arbitration Pact in Dispute With Popular Water Ice Franchise
The court found there was no evidence that Rita's used litigation before seeking arbitration so as to cause a waiver. The mere fact that Rita's waited until there was a dispute to arbitrate did not constitute a waiver.
June 14, 2024 at 11:17 AM
5 minute read
Food and BeverageThe district court referred to it as "gamesmanship." That characterization may be an understatement given the position of the franchisee's counsel in Ice Rak v. Rita's Franchise, No. 8:23-cv-2659 (M.D. Fla., Mar. 14, 2024). Ultimately, the case was stayed pending arbitration over termination of the franchise, even though Ice Rak was not a signatory to the franchise agreement.
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