What is the minimum experience required for an arbitrator in All County arbitration?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator must follow the law and not disregard the terms of this Agreement.
The arbitrator must have at least five (5) years of significant experience in commercial law.
The arbitrator may not consider any settlement discussions or offers that might have been made by either you or us.
The arbitrator may not under any circumstances (a) stay the effectiveness of any pending termination of this Agreement, (b) assess punitive or exemplary damages, (c) certify a class or a consolidated action, or (d) make any award which extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that we set.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, any arbitrator involved in dispute resolution must possess a minimum of five years of significant experience in commercial law. This requirement ensures that the arbitrator has a solid understanding of the legal and business issues that may arise during arbitration.
This stipulation is important for prospective All County franchisees because it dictates that any disputes with the franchisor will be resolved by a qualified professional. The arbitrator's decisions must adhere to the law and the terms outlined in the franchise agreement, providing a level of assurance that the agreement will be upheld.
However, the arbitrator is restricted from taking certain actions, such as staying the termination of the agreement, assessing punitive damages, certifying class actions, or modifying any lawful term of the agreement. These limitations ensure that the arbitration process remains focused and fair, preventing the arbitrator from overstepping their authority and potentially harming either party. The arbitrator's role is to interpret and apply the existing agreement, not to rewrite it or impose penalties outside its scope.