In the event of arbitration with Canine Dimensions, are there any limitations on the period of time in which claims must be brought?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee and Franchisor agree to be bound by the provisions of any limitation on the period of time in which claims must be brought under applicable law. Franchisee and Franchisor further agree that, in connection with any such arbitration proceeding, each party must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed as described above will be forever barred. Franchisee and Franchisor agree that arbitration will be conducted on an individual, not class-wide, basis, and that an arbitration proceeding instituted by either party cannot be consolidated with any other arbitration proceeding between Franchisor and any other person, corporation, limited liability company, or partnership.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, both the franchisee and Canine Dimensions agree to adhere to any legal limitations regarding the time frame for bringing claims. This means that the statute of limitations applicable under relevant law will govern how long a party has to bring a claim in arbitration.
Furthermore, in any arbitration proceeding, both parties must submit any claim that would be considered a compulsory counterclaim under Rule 13 of the Federal Rules of Civil Procedure within the same proceeding as the original claim. Failure to do so will result in the claim being permanently barred. This encourages efficiency and completeness in resolving disputes.
Finally, the Canine Dimensions franchise agreement specifies that arbitration will be conducted on an individual basis, not as a class-wide action. Additionally, an arbitration proceeding initiated by either party cannot be combined with any other arbitration proceeding between Canine Dimensions and another entity. This ensures that each franchise dispute is handled separately and avoids the complexities of consolidated proceedings.