What procedural matters can an All County arbitrator make a determination on?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
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, scope, remedies, unconscionability, and any alleged fraud in the inducement.
The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief.
The arbitrator will have subpoena powers limited only by the laws of the state in which the main office of the Franchisor is located.
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 Franchisor is then located.
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 Franchisor is then located.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the arbitrator has the authority to decide on procedural matters that a court of competent jurisdiction would be permitted to make in the state where All County's main office is located.
This includes deciding factual, procedural, or legal questions related to the dispute, such as whether Article 25.14 is applicable and enforceable, and issues related to subject matter, timeliness, scope, remedies, unconscionability, and any alleged fraud in the inducement. The arbitrator can issue summary orders to dispose of a claim and provide temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief.
The arbitrator's subpoena powers are limited by the laws of the state in which All County's main office is located. The parties involved in the dispute have the same discovery rights as available in civil actions under the laws of the state where All County's main office is located. 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.