In All County arbitration, can the arbitrator issue claim and delivery proceedings?
All_County Franchise · 2025 FDDAnswer 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 claim and delivery proceedings. Specifically, 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.
This means that during arbitration, the arbitrator can make orders to take possession of property and deliver it to the claimant. This is a significant power, as it allows the arbitrator to address disputes involving property quickly and efficiently. Each party consents to the enforcement of such orders by any court having jurisdiction.
It is important for a prospective All County franchisee to understand the scope of the arbitrator's powers, as it can have a direct impact on their business and personal assets. Franchisees should seek legal counsel to fully understand the implications of the arbitration clause and the potential for claim and delivery proceedings.