What relief is the arbitrator permitted to award in a Byrider franchise arbitration?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator has the right to award or include in his or her award any relief which he or she deems proper, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief, and attorneys' fees and costs, provided that the arbitrator may not declare any mark generic or otherwise invalid or, except as expressly provided in Section 20.8 below, award any punitive, exemplary or multiple damages against either party (each party hereby waiving to the fullest extent permitted by law, except as provided in Section 20.8 below, any right to or claim for any punitive or exemplary damages against the other).
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the arbitrator in a franchise dispute is granted broad authority to determine appropriate relief. This includes the power to award money damages, with interest accruing on unpaid amounts from the date they were originally due.
Beyond monetary compensation, the arbitrator can also mandate specific performance, compelling a party to fulfill their contractual obligations. Injunctive relief is another option, allowing the arbitrator to order a party to either take or cease a particular action. The arbitrator also has the power to award attorneys' fees and costs to the prevailing party.
However, there are limitations to the arbitrator's authority. The arbitrator cannot declare any trademark generic or invalid. Furthermore, the arbitrator is generally prohibited from awarding punitive, exemplary, or multiple damages against either party, unless expressly provided otherwise in Section 20.8 of the franchise agreement. Both Byrider and the franchisee waive their rights to claim such damages to the fullest extent permitted by law, except as specified in Section 20.8.