Under what rules will arbitration be conducted for Amorino franchise agreement disputes?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ure Document –April 24, 2025 Page 59 of 80*
| Dispute u. | Section 22 of | In the event of any dispute arising out of or in connection with |
|---|---|---|
| resolution by | the Franchise | the franchise agreement or the relationship of the parties, |
| arbitration or | Agreement | including without limitation any claim related to termination or |
| mediation | expiration of the franchise agreement and any claim for damages and/or compensation related thereto, the parties agree to submit the matter to mediation under the American Arbitration Association Commercial Mediation Rules. If the mediation is not successful, any controversy, claim, cause of action or dispute arising out of, or relating to any of your stores or the franchise agreement, including, but not limited to (i) any claim by you, or any person in privity with or claiming through, on behalf of or in the right of you, concerning the entry into, performance under, or termination of, the franchise agreement or any other agreement entered into by us, or our subsidiaries or affiliates, and you, (ii) any claim against a past or present employee, officer, director or agent of us, (iii) any claim of breach of the franchise agreement, and (iv) any claims arising under state or federal laws, shall be submitted to final and binding arbitration as the sole and exclusive remedy for any such controversy or dispute. | |
| Choice | Section 22 of | Subject to applicable state law, except for our right to obtain |
| v. | ||
| of forum | the franchise | injunctive relief in any appropriate jurisdiction, any dispute |
| agreement | arising out of the franchise agreement or our relationship shall first be submitted to mediation, and if it is not resolved in mediation, then it shall be submitted to arbitration, under the rules of the American Arbitration Association, to take place in New York County, New York. | |
| Choice | Section 22.A | Subject to applicable state law, governed by Delaware law. If |
| w. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 55–67)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, disputes arising from the franchise agreement will first be submitted to mediation under the American Arbitration Association Commercial Mediation Rules. If mediation fails, the dispute will proceed to final and binding arbitration. This arbitration is the sole and exclusive remedy for any controversy or dispute.
The arbitration will be conducted under the rules of the American Arbitration Association and will take place in New York County, New York, subject to applicable state law. This means that while the arbitration process itself is governed by the AAA rules, state laws may still influence certain aspects of the dispute.
It's important to note that Amorino retains the right to seek injunctive relief in any appropriate jurisdiction, regardless of the mediation and arbitration requirements. This allows Amorino to pursue immediate legal action to prevent potential harm, such as intellectual property infringement, without waiting for the completion of mediation or arbitration. The franchise agreement is governed by Delaware law, but Amorino has the option to change the governing law to that of its new headquarters' state by providing notice within 6 months of the move.