What is the required experience of the arbitrator selected for an All Dogs Unleashed franchise dispute?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator must have at least 5 years of significant experience in franchise law.
Any issue as to whether a matter is subject to arbitration will be determined by the arbitrator.
A judgment may be entered on the arbitration award by any state or federal court in Carrollton, Texas.
- 8.2.3 In any arbitration proceeding, each party will submit or file any claim that would constitute a compulsory counterclaim (as defined by the then-current Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates.
Any such claim that is not submitted or filed in the proceeding will be forever barred.
The decision of the arbitrator is 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.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, any arbitrator selected to resolve a dispute must possess a minimum of 5 years of experience in franchise law. This requirement ensures that the arbitrator has sufficient expertise in the specific legal issues that commonly arise in franchising.
This stipulation is important for prospective All Dogs Unleashed franchisees because it dictates the qualifications of the person who will preside over any legal disputes that may arise between the franchisee and franchisor. Having an arbitrator with specific experience in franchise law can lead to a more informed and equitable resolution, as they will be familiar with the nuances of franchise agreements and relevant legal precedents.
It is also specified that the arbitrator's decision is considered final and binding for all involved parties. The arbitrator is empowered to make determinations on procedural matters, factual issues, and legal questions related to the dispute. However, the arbitrator is restricted from actions such as staying the termination of the agreement, assessing punitive damages, certifying class actions, or modifying the terms of the agreement.