Where can judgment upon the arbitrator's award be entered for a Casiola franchise?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
(f) Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction; and
(3) Consent to Jurisdiction and Venue Subject to the non-binding mediation and arbitration provisions set forth in this Article 18.G., Franchisor and Franchisee agree that any judicial action or legal proceeding must be brought in a court of competent jurisdiction located within Florida and within Orange County or the county closest to Orange County.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, judgment upon an arbitrator's award may be entered in any court of competent jurisdiction. This means that after arbitration, the winning party can take the arbitrator's decision to a court that has the authority to hear the case and ask the court to make it a legally binding judgment.
For judicial actions or legal proceedings, the franchisee agrees that any action must be brought in a court of competent jurisdiction located within Florida and within Orange County or the county closest to Orange County. However, this is subject to non-binding mediation and arbitration provisions.
For franchisees in Illinois, the FDD states that any provision in a Franchise Agreement that designates jurisdiction or venue outside the State of Illinois is void. However, a Franchise Agreement may provide for arbitration in a venue outside Illinois. For franchisees in Washington, in any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.