factual

In All County arbitration, can the arbitrator issue attachments?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief.

Each party consents to the enforcement of such orders, injunctions, etc. by any court having jurisdiction.

Source: Item 23 — Receipts (FDD pages 43–157)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, the arbitrator has the authority to issue attachments during arbitration proceedings. The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of such orders, injunctions, etc. by any court having jurisdiction.

This means that if a dispute arises that goes to arbitration, the arbitrator overseeing the case has broad powers to issue various types of orders, including attachments, which are legal procedures where a court orders the seizure of property to ensure a debt can be paid. This can be a significant factor for a franchisee, as it provides a mechanism to protect assets or ensure compliance during the arbitration process.

The arbitrator's authority extends to procedural matters, mirroring what a court of competent jurisdiction in the state where All County's main office is located would be permitted to do. The arbitrator also decides factual, procedural, or legal questions related to the dispute, including issues of subject matter, timeliness, scope, remedies, and unconscionability. The arbitrator must follow the law and not disregard the terms of the agreement.

It is important for prospective franchisees to understand the scope of the arbitrator's powers, as it can significantly impact the outcome of any dispute. The arbitration proceedings, including rulings and decisions, will remain confidential, except as required by law, and will not be disclosed to anyone other than the parties involved in the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.