In Augusta Lawn Care arbitrations, is the arbitrator required to follow the law?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.8.4 The arbitrator must follow the law and not disregard the terms of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, in arbitration proceedings, the arbitrator is required to follow the law. The FDD specifies that the arbitrator cannot disregard the terms of the franchise agreement.
This requirement ensures that the arbitration process is grounded in legal principles and contractual obligations. It prevents the arbitrator from making decisions based on personal preferences or other non-legal considerations. This clause provides a level of assurance to both the franchisee and Augusta Lawn Care that the arbitration will be conducted fairly and in accordance with the law.
However, the arbitrator also has significant authority, including the ability to issue summary orders and various forms of relief, such as injunctions and attachments. The arbitrator also decides factual, procedural, and legal questions related to the dispute, including the applicability and enforceability of the arbitration agreement itself. While the arbitrator must follow the law, they have broad discretion in interpreting and applying it to the specific facts of the dispute.