What discovery rights do parties in a Bor Restoration arbitration have?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
- b. The Parties to the dispute have the same discovery rights as are available under the rules of the arbitration association hosting the arbitration.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, parties involved in an arbitration have specific discovery rights. These rights are equivalent to those available under the rules of the arbitration association that is hosting the arbitration. This means that the extent of discovery, such as the ability to request documents, depose witnesses, and submit interrogatories, will be determined by the rules of the specific arbitration organization (JAMS or AAA) handling the case.
This is a fairly standard practice in franchise agreements, as it ensures a baseline level of fairness and access to information for both Bor Restoration and the franchisee during the arbitration process. The franchisee should become familiar with the rules of JAMS and AAA to understand the scope of discovery allowed.
It's important to note that the arbitrator has the authority to decide all factual, procedural, and legal questions related to the dispute, including issues of arbitrability and the scope of the arbitration itself. The arbitrator also has subpoena powers, limited only by the laws of the state in which Bor Restoration's headquarters is located. Understanding these aspects of the arbitration process is crucial for any prospective Bor Restoration franchisee.