What rules govern the arbitration proceedings for Anago?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you agree to be bound by the provisions of any applicable contractual or statutory limitations provision, whichever expires earlier. We and you further agree that, in any arbitration proceeding, each party must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding. Any claim which is not submitted or filed as required will be forever barred. The arbitrator may not consider any settlement discussions or offers that might have been made by either you or us.
We and you agree that arbitration will be conducted on an individual basis and that an arbitration proceeding between us and our affiliates, or our and their respective shareholders, officers, directors, agents, and employees, on the one hand, and you (or your owners, guarantors, affiliates, and employees), on the other hand, may not be: (i) conducted on a class-wide basis, (ii) commenced, conducted or consolidated with any other arbitration proceeding, or (iii) brought on your behalf by any association or agent. Notwithstanding the foregoing, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a dispute, controversy or claim that otherwise would be subject to arbitration under this Section, then all parties agree that this arbitration clause shall not apply to that dispute, controversy or claim and that such dispute, controversy or claim shall be resolved in a judicial proceeding in accordance with the dispute resolution provisions of the Agreements.
Despite our and your agreement to arbitrate, we and you each have the right in a proper case to seek temporary restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction; provided, however, that we and you must contemporaneously
submit our dispute, controversy or claim for arbitration on the merits as provided in this Section.
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:
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Section 18.11 outlines the rules governing arbitration proceedings. Both Anago and the franchisee must adhere to any applicable contractual or statutory limitations. In any arbitration, a party must submit any claim that would constitute a compulsory counterclaim as defined by Rule 13 of the Federal Rules of Civil Procedure within the same proceeding, or that claim will be barred. The arbitrator is prohibited from considering any settlement discussions or offers made by either party.
Arbitration will be conducted on an individual basis, and proceedings cannot be class-wide, consolidated with other proceedings, or brought on behalf of the franchisee by any association or agent. However, if a court or arbitrator deems any part of this sentence unenforceable, the arbitration clause will not apply, and the dispute will be resolved in a judicial proceeding. Despite the agreement to arbitrate, both Anago and the franchisee retain the right to seek temporary restraining orders and preliminary injunctive relief from a court, provided they simultaneously submit the dispute for arbitration on the merits.
Document requests in arbitration are limited to those directly relevant to significant issues or the case's outcome and must be restricted in terms of time frame, subject matter, and the persons or entities involved. Broad requests are not allowed, and interrogatories or requests to admit are prohibited. For electronic discovery, specific protocols apply, though these are not detailed in the excerpt.