What discovery rights do parties have in an All County arbitration?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
cedural matters as would a court of competent jurisdiction be permitted to make in the state in which the main office of Franchisor is located. 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 25.1
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, parties involved in an arbitration have specific discovery rights. These rights are equivalent to those available in civil actions under the laws of the state where All County's main office is located. This means that franchisees will have access to similar tools for gathering evidence as they would in a standard court case within that state.
This provision ensures a level of fairness and transparency in the arbitration process, allowing both All County and the franchisee to obtain necessary information to support their claims or defenses. The scope of discovery can include document requests, depositions, interrogatories, and other methods commonly used in civil litigation. The arbitrator also has subpoena powers limited only by the laws of the state in which the main office of the Franchisor is located.
It is important for prospective franchisees to understand the implications of this clause. While it provides a mechanism for obtaining information, the specific rules and limitations on discovery will depend on the laws of the state where All County's main office is located. Franchisees should consult with legal counsel to fully understand their discovery rights and obligations in the event of an arbitration.