What power does the arbitrator have regarding the specific performance of the Carbones Pizzeria Agreement?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Any arbitrator appointed to arbitrate a dispute under this Agreement shall have at least ten (10) years' experience in franchise matters and shall have the right to award, or include in any award, the specific performance of this Agreement.
The arbitrator will be instructed that he or she must follow the substantive law and the other requirements, waivers and limitations of this Agreement.
The arbitrator shall have no authority to add, delete or modify in any manner, the terms and provisions of this Agreement and may not excuse performance of a material term of this Agreement.
However, if an arbitrator determines that any contractual limitations period provided for in this Agreement is not applicable or enforceable, then the parties agree to be bound by the provision of any statute of limitations which would otherwise be applicable to the controversy, dispute or claim which is the subject of any arbitration proceeding initiated hereunder.
The arbitrator is expressly prohibited from determining whether class, mass, collective or consolidated relief is permitted hereunder or from awarding the same.
All findings, judgments, decisions and awards of the arbitrator shall be limited to the dispute or controversy set forth in the written demand for arbitration and response to that demand.
The arbitrator shall issue a reasoned award.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, an arbitrator appointed to resolve disputes related to the franchise agreement has specific authority regarding the enforcement of the agreement. The arbitrator must have at least ten years of experience in franchise matters.
Specifically, the arbitrator has the right to award, or include in any award, the specific performance of the Carbones Pizzeria Agreement. This means the arbitrator can order a party to fulfill their obligations under the contract, rather than just awarding monetary damages. However, the arbitrator is instructed to follow the substantive law, requirements, waivers, and limitations outlined in the agreement.
The arbitrator cannot add, delete, or modify any terms of the agreement, nor can they excuse performance of a material term. The arbitrator is also prohibited from determining whether class, mass, collective, or consolidated relief is permitted or from awarding such relief. The arbitrator's findings are limited to the dispute outlined in the demand for arbitration, and they must issue a reasoned award. This ensures that the arbitrator's decisions are grounded in the specifics of the agreement and the law, while also respecting the original intentions of the contract.