Treating Every Franchise Agreement as a Standard-Form Contract Is Risky

In Special Appeal No. 1,602,076/SP, the Third Panel of the Brazilian Superior Court of Justice (STJ) held an arbitration clause in a franchise agreement to be null and void, based on Article 4 of the Brazilian Arbitration Act (Law No. 9,307/1996). The prevailing reasoning relied on the premise that franchise agreements are, by nature, standard-form […]