What happens to any claim that is not submitted or filed as required in the Anago arbitration proceeding?

According to Anago's 2025 Franchise Disclosure Document, if a party fails to submit or file a claim that would constitute a compulsory counterclaim as defined by Rule 13 of the Federal Rules of Civil Procedure within the required arbitration proceeding, that claim will be permanently barred. This means that the arbitrator will not consider the claim, and the party will lose the opportunity to pursue it.

This provision emphasizes the importance of presenting all relevant claims at the outset of the arbitration. It prevents parties from raising new claims later in separate proceedings, promoting efficiency and finality in dispute resolution. For a prospective Anago franchisee, this means being diligent in identifying and presenting all potential counterclaims during arbitration.

It is crucial for franchisees to consult with legal counsel to ensure all compulsory counterclaims are properly identified and submitted within the arbitration proceeding. Failure to do so could result in the permanent loss of the right to pursue those claims against Anago. Franchisees should also be aware of the Federal Rules of Civil Procedure, specifically Rule 13, to understand what constitutes a compulsory counterclaim in their jurisdiction.