In an All Dogs Unleashed arbitration, who decides if a matter is subject to arbitration?

According to All Dogs Unleashed's 2025 Franchise Disclosure Document, the arbitrator will determine whether a specific issue is subject to arbitration. This means that if there is a dispute between All Dogs Unleashed and a franchisee regarding whether a particular claim must be resolved through arbitration, the arbitrator, not a court, will make the final decision.

This allocation of authority to the arbitrator is significant for prospective franchisees. It streamlines the dispute resolution process by having the arbitrator address threshold issues of arbitrability, potentially saving time and legal costs. However, it also means the franchisee relinquishes some control over the initial forum selection, as they cannot directly challenge the applicability of arbitration in court.

It is important to note that the arbitrator selected must have at least 5 years of experience in franchise law, suggesting that All Dogs Unleashed intends for these decisions to be made by someone with specific expertise in the franchise context. The arbitrator's decision is final and binding. Franchisees should carefully consider the implications of this provision, especially regarding their ability to pursue certain claims or defenses in a judicial setting.