Which law governs arbitration related to the All County franchise agreement?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.13. Governing Law. All matters relating to arbitration will be governed by the FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 et. seq.).
Except to the extent governed by the Federal Arbitration Act as required hereby, the UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. §§ 1051 et seq.) or other federal law, this Agreement, the Franchise and all claims arising from the relationship between us and you will be governed by the laws of Florida, without regard to its conflict of laws principles, except that any law regulating the sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless jurisdictional requirements are met independently without reference to this Article.
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 31–34)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the Federal Arbitration Act (9 U.S.C. §§ 1 et. seq.) governs all matters relating to arbitration. This means that any arbitration proceedings related to the All County franchise agreement will be conducted and interpreted under the guidelines and regulations established by this federal law.
This provision ensures a standardized approach to arbitration, as federal law provides a consistent framework regardless of the state in which the franchise is located. However, it's important to note that while the Federal Arbitration Act governs the arbitration process itself, other aspects of the franchise agreement and any claims arising from the relationship between All County and the franchisee will be governed by the laws of Florida, unless superseded by federal law or specific state franchise laws.
This distinction is crucial for prospective franchisees to understand, as it clarifies that while the process of arbitration is federally regulated, the underlying legal principles and interpretations of the franchise agreement may still be subject to Florida law. Franchisees should be aware of both the Federal Arbitration Act and Florida law when considering the terms of the All County franchise agreement.