Does the arbitrator for Canine Dimensions have the right to award specific performance of the agreement?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including any claim that this Agreement or any part hereof is invalid, illegal, or otherwise voidable or void, shall be submitted to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), before a single arbitrator chosen in accordance with such rules, and judgment upon the award may be entered in any court having jurisdiction over the parties; provided, however, that this provision shall not be construed to limit any rights which Franchisor may have to apply to any court of competent jurisdiction for injunctive or similar provisional relief. The substantive law of the State of Florida shall be applied by the arbitrator. The award of the arbitrator may include reasonable costs and attorneys' fees to the prevailing party, and such awards are binding upon all parties and may be entered as a judgment in any court having jurisdiction. The arbitrator must issue a written opinion explaining the reasons for his or her decision and award and the arbitrator will have the right to award or include in the award the specific performance of this Agreement. This arbitration provision shall be deemed self-executing. If a party fails to appear at any properly noticed arbitration proceeding, and award may be entered against such party notwithstanding the failure to appear. The parties agree that such arbitration shall be conducted within five (5) miles of Franchisor's headquarters. The parties intend and agree that any state laws attempting to prohibit arbitration or void out-of-state forums for arbitration are preempted by the Federal Arbitration Act and that arbitration will be conducted as provided in this section.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the arbitrator does have the right to award specific performance of the agreement. The FDD specifies that any controversy or claim arising out of or relating to the Franchise Agreement, including claims about its validity, will be submitted to binding arbitration. This arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (AAA) before a single arbitrator.
The arbitrator's award may include reasonable costs and attorneys' fees to the prevailing party. The arbitrator is required to issue a written opinion explaining the reasons for the decision and award. Importantly, the arbitrator has the explicit right to award or include in the award the specific performance of the Franchise Agreement. This means the arbitrator can order a party to fulfill their obligations under the contract.
The arbitration is to be conducted within five miles of Canine Dimensions' headquarters. The FDD also states that the parties agree that the Federal Arbitration Act preempts any state laws attempting to prohibit arbitration or void out-of-state forums for arbitration, reinforcing the binding nature of the arbitration agreement. This clause ensures that disputes are resolved through arbitration, potentially offering a quicker and more cost-effective resolution compared to traditional litigation, while also allowing the arbitrator to enforce the agreement's terms directly.