What procedural matters can the arbitrator make a determination on in an All Dogs Unleashed arbitration?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (1) stay the effectiveness of any pending termination of this Agreement; (2) assess punitive or exemplary damages; (3) certify a class or a consolidated action; or (4) make any award that extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that we set. The arbitrator must have the right to make a determination as to any procedural matters that a court of competent jurisdiction would be permitted to make in the state in which our main office is located. Further, the arbitrator must decide all factual, procedural, or legal questions relating in any way to the dispute between the parties, including, without limitation, questions relating to whether Section 8.2 is applicable and enforceable as against the parties; the subject matter, timeliness, and scope of the dispute; any available remedies; and the existence of unconscionability and/or fraud in the inducement.
- 8.2.4 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. Each party consents to the enforcement of these orders, injunctions, etc., by any court having jurisdiction.
- 8.2.5 The arbitrator will have subpoena powers limited only by the laws of the State of Texas. The parties ask that the arbitrator limit discovery to the greatest extent possible consistent with basic fairness to minimize the time and expense of arbitration.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, the arbitrator has the authority to make determinations on procedural matters that a court of competent jurisdiction would be permitted to make in the state where All Dogs Unleashed's main office is located. The arbitrator also decides all factual, procedural, and legal questions related to the dispute. This includes whether the arbitration section is applicable and enforceable, the subject matter, timeliness, and scope of the dispute, available remedies, and the existence of unconscionability or fraud.
Specifically, the arbitrator can issue summary orders to dispose of all or part of a claim. They can also provide temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable or interim/final relief. All parties consent to the enforcement of these orders by any court having jurisdiction.
Furthermore, the FDD states that all other procedural matters are determined by applying the statutory, common laws, and rules of procedure that control a court of competent jurisdiction in the State of Texas. The arbitrator also has subpoena powers limited only by the laws of the State of Texas. The parties involved in the arbitration are expected to limit discovery to minimize the time and expense of the arbitration, while still maintaining basic fairness.