What limits are placed on the All County arbitrator's subpoena powers?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement or any reasonable standard of business performance that we set. The arbitrator will have the right to make a determination as to any procedural 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 25.14 is applicable and enforceable as against the parties, subject matter, timeliness, s
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the arbitrator's subpoena powers are limited by the laws of the state in which All County's main office is located. This means that the arbitrator's ability to compel the attendance of witnesses or the production of documents is no greater than what a court in that state could do.
For a prospective All County franchisee, this is important because it defines the scope of evidence that can be gathered during an arbitration. If a dispute arises that goes to arbitration, the franchisee's ability to obtain necessary information from third parties will be governed by the subpoena laws of the state where All County's headquarters is located. This could be a significant factor in preparing their case.
It is also stated that the parties to the dispute will have the same discovery rights as are available in civil actions under the laws of the state in which the main office of All County is located. This ensures that both parties have equal access to information during the arbitration process, mirroring the discovery process in a typical civil lawsuit in that state. The FDD also specifies that all other procedural matters will be determined by applying statutory, common laws, and rules of procedure that control a court of competent jurisdiction in which the main office of All County is then located.