What limits are placed on the arbitrator's subpoena powers in a Card My Yard arbitration?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- d. The arbitrator may issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable, interim or final relief.
- i. Each Party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.
- ii. The arbitrator has subpoena powers limited only by the laws of the state of Utah.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to the 2025 Card My Yard Franchise Disclosure Document, the arbitrator's subpoena powers are limited only by the laws of the state of Utah. This means that in any arbitration involving Card My Yard, the arbitrator's ability to compel witnesses or documents is subject to the legal constraints defined within Utah's state laws.
For a prospective franchisee, this is important because if a dispute arises that goes to arbitration, the scope of evidence that can be gathered and presented will be determined by Utah law, regardless of where the franchisee's business is located. This could potentially create advantages or disadvantages depending on the specific laws in Utah and how they compare to the laws of the franchisee's state.
It would be prudent for a potential Card My Yard franchisee to research Utah's laws regarding subpoena powers in arbitration to understand the extent of these limitations. Understanding these limitations can help a franchisee anticipate potential challenges in presenting their case during an arbitration proceeding.