In All County arbitration, can the arbitrator issue receiverships?
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 broad authority to issue various orders during arbitration proceedings. Specifically, the arbitrator can issue receiverships as part of the equitable and/or interim/final relief. This means that if a dispute arises that goes to arbitration, the arbitrator overseeing the case has the power to appoint a receiver to manage assets or operations, depending on the nature of the conflict.
This power extends to other forms of relief as well, including temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, and temporary protective orders. All County franchisees consent to the enforcement of such orders by any court having jurisdiction. This indicates that All County aims to provide a comprehensive set of remedies through arbitration, aligning with common practices in franchise agreements to resolve disputes efficiently.
It is important to note that the arbitrator's powers are subject to the laws of the state in which All County's main office is located. The arbitrator must also follow the law and not disregard the terms of the franchise agreement. While the arbitrator has significant authority, there are limitations, such as not being able to stay the effectiveness of any pending termination of the agreement, assess punitive damages, certify a class action, or modify any lawful term of the agreement.