Under what arbitration rules will arbitration be held for 1 800 Packouts?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Arbitration will be held before and under the arbitration rules of JAMS or its successor (or an organization designated by JAMS or its successor). If JAMS is unable or unwilling to conduct such proceedings, and the Parties cannot agree on an appropriate organization or person to conduct such proceedings, the arbitration will be heard by a single arbitrator from the AAA. The arbitrator must be experienced in franchising. If the Parties cannot agree upon the arbitrator, the senior-most officer, director, or manager of the association under which the arbitration is to take place will choose a neutral and disinterested arbitrator, and such choice will be final and binding upon the Parties.
- c. Any Party may be represented by counsel and may, with permission of the arbitrator, bring persons appropriate to the proceeding.
- d. The arbitrator's judgment on any preliminary matter and the final arbitration award will be final and binding and may be entered in any court having jurisdiction.
- i. The arbitrator's award will be in writing. On request by any party to the arbitration, the arbitrator will provide to all disputants a reasoned opinion with findings of fact and conclusions of law, and the Party so requesting will pay the arbitrator's fees and costs.
- ii. There will be no right to appeal any preliminary finding or ruling, and there is no right to appeal the final award.
- e. The Parties agree that they will equally split the fees paid to start arbitration and the fees paid to the arbitrator until the arbitrator awards fees and other costs to the Prevailing Party.
Source: Item 23 — RECEIPT (FDD pages 67–238)
What This Means (2025 FDD)
According to the 2025 1 800 Packouts Franchise Disclosure Document, arbitration will be conducted under the rules of JAMS (formerly known as Judicial Arbitration and Mediation Services) or its successor organization. If JAMS is unable or unwilling to conduct the proceedings, and the parties cannot agree on an alternative, a single arbitrator from the American Arbitration Association (AAA) will handle the arbitration.
The arbitrator chosen must have experience in franchising. If the parties cannot agree on an arbitrator, the senior-most officer, director, or manager of the relevant association (JAMS or AAA) will select a neutral and disinterested arbitrator. This selection is considered final and binding for both parties.
Both parties have the right to legal representation during arbitration and, with the arbitrator's permission, may bring relevant individuals to the proceedings. The arbitrator's decisions on preliminary matters and the final award are binding and can be enforced in any court with jurisdiction. The arbitrator's award will be provided in writing, and upon request from either party, a reasoned opinion including findings of fact and conclusions of law will be provided, with the requesting party covering the associated fees and costs. There is no right to appeal any preliminary finding, ruling, or the final award.
The fees to initiate arbitration and the arbitrator's fees will be equally split between the parties until the arbitrator determines which party is the prevailing party and awards fees and other costs accordingly. All parties involved in any meeting, mediation, or arbitration must sign confidentiality agreements, with exceptions only for legally required public disclosures and filings.