Does the All County arbitrator have the right to make a determination as to timeliness in a dispute?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator will also decide any factual, procedural, or legal questions relating in any way to the dispute between the parties, including, but not limited to: any decision as to whether Article 25.14 is applicable and enforceable as against the parties, subject matter, timeliness, scope, remedies, unconscionability, and any alleged fraud in the inducement.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the arbitrator will decide any factual, procedural, or legal questions relating to the dispute between the parties. This includes any decision as to whether Article 25.14 is applicable and enforceable as against the parties, subject matter, timeliness, scope, remedies, unconscionability, and any alleged fraud in the inducement.
This means that the arbitrator in a dispute involving All County has the authority to determine whether a claim is brought within the appropriate time frame. This is a significant power, as it allows the arbitrator to dismiss claims that are not filed promptly.
For a prospective franchisee, this highlights the importance of understanding the terms of the franchise agreement and acting quickly if a dispute arises. Failure to do so could result in the claim being time-barred and dismissed by the arbitrator.