How does a party commence arbitration for Amerispec Inspection Services?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
21.1.3.1Arbitration Procedure. Either party may commence arbitration by sending written demand for arbitration to the other party. The arbitration proceeding shall be conducted by one arbitrator and, except as otherwise provided in this Paragraph 21, shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA. All arbitration proceedings will be held at the offices of the AAA or other suitable offices that the Company selects in the metropolitan area in which its principal place of business is then located (currently, Memphis, Tennessee). The arbitrator shall have no authority to select a different hearing locale. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
21.1.3.2 Scope. The arbitrator (and not a court) shall decide all issues in any Covered Dispute, including issues regarding the non-availability of class arbitration, timeliness, arbitration procedures, statute of limitations, and all other issues regarding the application, interpretation, enforceability, coverage, and implementation of this Paragraph 21.1.3, including whether the parties have entered into this Agreement. In accordance with Paragraph 21.5 (Mutual Waiver of Class or Collective Actions), the arbitrator shall have no authority to consider or resolve any claim or issue in a Covered Dispute on any basis other than on an individual basis and may not consolidate or join one or more Covered Disputes pertaining to Franchisee or another Franchisee Related Party with any other dispute(s).
21.1.3.3 Relief. The arbitrator shall have the power and authority to award any remedy or relief available under applicable law, including money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief, and attorneys' fees and costs (in accordance with Paragraph 20.3 (Right to Interest and Costs)), except the arbitrator may not (a) declare any Name and Mark generic or otherwise invalid or (b) award any special, consequential, exemplary, or punitive damages against either party, except as expressly provided in Paragraph 21.4 (Mutual Waiver of Punitive Damages).
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, either party can begin arbitration by sending a written demand for arbitration to the other party. The arbitration will be conducted by a single arbitrator, following the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), except as otherwise provided in the franchise agreement.
The arbitration proceedings will take place at the AAA's offices or another suitable location selected by Amerispec Inspection Services in the metropolitan area of its principal business, which is currently Memphis, Tennessee. The arbitrator does not have the authority to change the hearing location. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs all aspects of the arbitration process.
The arbitrator, not a court, will decide all issues related to the dispute, including the unavailability of class arbitration, timeliness, arbitration procedures, statute of limitations, and the interpretation and enforcement of the arbitration agreement. The arbitrator cannot consider claims on a class-wide basis or consolidate disputes involving multiple franchisees. The arbitrator can award remedies or relief available under applicable law, including money damages, specific performance, injunctive relief, and attorneys' fees and costs, but cannot declare any Name and Mark generic or invalid or award special, consequential, exemplary, or punitive damages, except as expressly provided in the franchise agreement.