What are the limitations on document requests in any arbitration arising as described in this Section for Anago?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
You and we agree that, in any arbitration arising as described in this Section, requests for documents shall be limited to documents that are directly relevant to significant issues in the case or to the case's outcome; shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and shall not include broad phraseology such as "all documents directly or indirectly related to." You and we further agree that no interrogatories or requests to admit shall be propounded. With respect to any electronic discovery, you and we agree that:
- (i) production of electronically stored information need only be from sources used in the ordinary course of business. No such documents shall be required to be produced from back-up servers, tapes or other media;
- (ii) the production of electronically stored information shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence;
- (iii) the description of custodians from whom electronically stored information may be collected shall be narrowly tailored to include only those individuals whose electronically stored information may reasonably be expected to contain evidence that is material to the dispute; and
- (iv) where the costs and burdens of electronic discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator shall either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to allocation of costs in the final award as provided herein.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, document requests in arbitration are limited. Specifically, requests must be directly relevant to significant issues or the case's outcome. The requests must also be restricted in terms of time frame, subject matter, and the individuals or entities to which they pertain. Broad requests using phrases like "all documents directly or indirectly related to" are not allowed.
Furthermore, the FDD states that interrogatories or requests to admit are prohibited in these arbitrations. With respect to electronic discovery, the production of electronically stored information is limited to sources used in the ordinary course of business, excluding back-up servers, tapes, or other media. The production should be made using generally available technology in a searchable format, and metadata production is generally not required, except for email header fields.
The description of custodians for electronically stored information must be narrowly tailored to include only individuals whose information is reasonably expected to contain material evidence. If the costs and burdens of electronic discovery are disproportionate to the dispute's nature, the amount in controversy, or the relevance of the materials, the arbitrator can deny the requests or order disclosure only if the requesting party advances the reasonable cost of production, subject to cost allocation in the final award. These limitations aim to streamline the arbitration process and control discovery costs.