Does the Care Plus Medical Ucc agreement specify which arbitration rules will be used?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
17.1 Arbitration.
- (a) Disputes Subject to Arbitration. Except as expressly provided in subsection (c) and (d), any controversy or claim between the parties (including any controversy or claim arising out of or relating to this Agreement or its formation and including any question of arbitrability) shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
- (b) Location. The place of arbitration shall be the city and state where Care Plus Medical UCC's headquarters are located.
- (c) Injunctive Relief. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy or right to arbitrate under this Agreement, seek from any court having jurisdiction any interim or provisional injunctive relief.
- (d) Intellectual Property Claims. Either party may bring a claim involving an alleged infringement of any of Care Plus Medical UCC's intellectual property rights in a court authorized to hear such claims under Section 17.5 of this Agreement.
- (e) Confidentiality. All documents, information, and results pertaining to any arbitration or lawsuit will be confidential, except as required by law or as required for Care Plus Medical UCC to comply with laws and regulations applicable to the sale of franchises.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, any controversy or claim between the parties will be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. This means that if a franchisee has a dispute with Care Plus Medical Ucc, the arbitration process will follow the established guidelines and procedures of the American Arbitration Association. The judgment on the arbitrator's award can be entered in any court with jurisdiction.
The FDD specifies that the location of the arbitration will be the city and state where Care Plus Medical Ucc's headquarters are located. This is important for prospective franchisees to consider, as they may need to travel to attend arbitration hearings, incurring travel and accommodation costs.
However, there are exceptions to the arbitration requirement. Either party may seek injunctive relief from an arbitrator or a court, and claims involving alleged infringement of Care Plus Medical Ucc's intellectual property rights can be brought in a court authorized to hear such claims. All documents, information, and results pertaining to any arbitration or lawsuit will be confidential, except as required by law or for Care Plus Medical Ucc to comply with laws and regulations applicable to the sale of franchises.