If mediation fails for Afuri Ramen Dumpling, what entity administers the binding arbitration?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
If the parties are unable to resolve a dispute by mediation as provided above, then any and all disputes, claims or matters involving you (or your officers, directors, or owners) and us (or our officers, directors, or owners) are subject to binding arbitration except for disputes, claims or matters based on: (1) the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C.
Sections 1051, et seq.) or (2) collection of delinquent payments.
The following provisions will apply to such arbitration:
- A.
Arbitration will be administered by Arbitration Service of Portland, Inc. in accordance with its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration will be before a single arbitrator.
The arbitrator will be required to have at least five years of experience in franchise law.
- B.
The arbitrator will have power and jurisdiction to decide the controversy or dispute solely according to the express provisions of this Agreement.
The arbitrator may not alter, amend, delete, or add to the provisions of this Agreement by implication or otherwise.
In any arbitration the parties will be entitled to injunctive relief or specific performance of the obligations of the other.
The arbitrator will determine the prevailing party for purposes of the subsection entitled "Attorneys' Fees" below and may make a percentage award of reimbursable fees and expenses.
- C.
The provisions of this Section entitled "Binding Arbitration" will be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction determines that any of the provisions are unlawful in any way, the court will modify or interpret the provisions to the minimum extent necessary to have them comply with the law.
Notwithstanding any provision of this Agreement relating to the laws under which this Agreement will be governed by and construed under, all issues relating to its appropriateness for arbitration or the enforcement of the agreement to arbitrate contained in this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, if mediation fails to resolve a dispute, binding arbitration will be administered by Arbitration Service of Portland, Inc. The arbitration will follow their commercial arbitration rules, and the judgment made by the arbitrator can be entered in any court with jurisdiction.
The arbitration will be conducted before a single arbitrator who is required to have at least five years of experience in franchise law. The arbitrator's power is limited to deciding the dispute according to the express provisions of the Franchise Agreement, and they cannot alter, amend, delete, or add to these provisions.
This arbitration clause is governed by the Federal Arbitration Act, ensuring that any disputes related to the appropriateness or enforcement of the arbitration agreement will be handled under federal law. This process allows both Afuri Ramen Dumpling and the franchisee to seek injunctive relief or specific performance, and the arbitrator will determine the prevailing party for the purpose of awarding attorneys' fees.