Can the arbitrator issue injunctions in Augusta Lawn Care arbitrations?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.8.5 The arbitrator can issue summary orders disposing of all or part of a claim, and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief.
Each party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
Yes, according to Augusta Lawn Care's 2025 Franchise Disclosure Document, the arbitrator has broad authority to issue injunctions and other forms of relief. Specifically, the arbitrator can issue summary orders, temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of such orders by any court having jurisdiction.
This means that in an arbitration proceeding, the arbitrator has the power to order a party to take certain actions or refrain from taking certain actions, similar to what a court could order. This can be a significant factor for a franchisee, as it allows for quicker resolution of disputes compared to traditional court proceedings. The franchisee is bound by these orders and consents to their enforcement by a court.
However, Augusta Lawn Care retains the right to seek injunctive relief from a court of competent jurisdiction under certain circumstances, such as those relating to the franchisee's use of the Marks, confidentiality covenants, obligations upon termination or expiration of the franchise, or transfer or assignment by the franchisee. In these specific cases, Augusta Lawn Care can bypass arbitration and seek immediate injunctive relief from a court, potentially with a bond of no more than $10,000. This highlights that while arbitration is generally required, Augusta Lawn Care has specific carve-outs where it can pursue court-ordered injunctions directly.