For matters not subject to arbitration, which court has jurisdiction for litigation involving Benihana?

Question

Accepted Answer

|    | Provision                                         | Franchise Agreement | Summary                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
|----|---------------------------------------------------|---------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| u. | Dispute resolution by arbitration or mediation | Article 15 | All disputes, with the exception of claims based upon or arising under the Lanham Act, the Sherman Act, the Clayton Act (or other federal or state antitrust statute), related to obtaining possession of the Restaurant or Location, related to breaches of Article 18 of the Franchise Agreement, or for monies due to us, are to be arbitrated in Miami, Florida before a three member panel under the Rules of the American Arbitration Association. The arbitrators are not authorized to award punitive damages or attorneys' fees, and an arbitration will be conducted on an individual, and not a class-wide, basis. |
| v. | Choice of forum | Section 15.6 | In connection with matters not subject to arbitration, litigation must be in the United States District Court for the Southern District of Florida, or, if that court lacks jurisdiction, the 11th Judicial Circuit in and for Miami-Dade County, Florida. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 59–65)

For matters not subject to arbitration, which court has jurisdiction for litigation involving Benihana?

Answer from 2024 FDD Document

What This Means (2024 FDD)

	Provision	Franchise Agreement	Summary
u.	Dispute resolution by arbitration or mediation	Article 15	All disputes, with the exception of claims based upon or arising under the Lanham Act, the Sherman Act, the Clayton Act (or other federal or state antitrust statute), related to obtaining possession of the Restaurant or Location, related to breaches of Article 18 of the Franchise Agreement, or for monies due to us, are to be arbitrated in Miami, Florida before a three member panel under the Rules of the American Arbitration Association. The arbitrators are not authorized to award punitive damages or attorneys' fees, and an arbitration will be conducted on an individual, and not a class-wide, basis.
v.	Choice of forum	Section 15.6	In connection with matters not subject to arbitration, litigation must be in the United States District Court for the Southern District of Florida, or, if that court lacks jurisdiction, the 11th Judicial Circuit in and for Miami-Dade County, Florida.