Who decides if a controversy or dispute related to the Amorino franchise is arbitrable?

According to Amorino's 2025 Franchise Disclosure Document, any dispute regarding whether a controversy, claim, cause of action, or dispute is subject to arbitration will be determined through arbitration. This means that the arbitrability of a dispute itself is a matter for the arbitrator to decide, not a court or another party.

This clause ensures that the arbitration process is comprehensive, covering not only the merits of a dispute but also whether the dispute should be arbitrated in the first place. It prevents parties from avoiding arbitration by claiming that the dispute falls outside the scope of the arbitration agreement.

For a prospective Amorino franchisee, this means that if a disagreement arises with Amorino, and there is a question of whether that disagreement should be resolved through arbitration, an arbitrator, rather than a judge, will make the determination. This can streamline the dispute resolution process, as it avoids preliminary court battles over arbitrability and keeps the entire matter within the arbitration framework. The franchisee should be aware that they are agreeing to have an arbitrator decide even whether or not a particular dispute is subject to arbitration.