factual

What law governs matters relating to arbitration for Casiola franchise disputes?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

In connection with binding arbitration, Franchisor and Franchisee further agree that:

  • (a) All matters relating to arbitration, will be governed by the United States Federal Arbitration Act, except as expressly or otherwise set forth in this Agreement;

  • (b) The arbitration hearing shall be conducted within 180 days of the demand for arbitration;

  • (c) The arbitrator shall render written findings of fact and conclusions of law;

  • (d) Except as may be otherwise required and/or prohibited by this Agreement including, but not limited to Articles 18.I., 18.J., 18.N., 18.O., 18.R., 18.T., and 18.X. of this Agreement, the arbitrator has the right to award or include in his or her award any relief that he or she determines to be proper, including monetary damages, interest on unpaid sums, specific performance, injunctive relief, attorneys' fees, and costs and expenses as allowable under this Agreement.

Notwithstanding the foregoing, under no circumstance shall the Arbitrator be authorized to award or declare the Licensed Marks to be descriptive or invalid;

  • (e) They shall each be bound to the limitation's periods set forth in Article 18.I. of this Agreement and that, in any arbitration proceeding, Franchisor and Franchisee must each timely submit, within the same arbitration proceeding, any claim that would constitute a compulsory counterclaim as such claims are defined and set forth under Rule 13 of the United States Federal Rules of Civil Procedure.

Any claim that is not submitted or filed as required shall be forever barred;

  • (f) Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction; and

  • (g) Arbitration and/or any arbitration award must be conducted in accordance with the terms of this Agreement including, but not limited to, the requirements set forth in this Article 18.

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, the United States Federal Arbitration Act governs all matters relating to arbitration, unless expressly stated otherwise in the Franchise Agreement.

Specifically, the FDD states that the arbitration hearing should be conducted within 180 days of the demand for arbitration. The arbitrator must provide written findings of fact and conclusions of law. The arbitrator has the right to award any relief deemed proper, including monetary damages, interest, specific performance, injunctive relief, attorney's fees, and costs, except as limited by the agreement. However, the arbitrator cannot declare the Licensed Marks to be descriptive or invalid.

Both Casiola and the franchisee are bound by the limitation periods in Article 18.I of the agreement and must submit any compulsory counterclaims as defined by Rule 13 of the United States Federal Rules of Civil Procedure within the same arbitration proceeding. Failure to submit a claim as required will result in it being barred. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction, and all arbitration proceedings must be conducted in accordance with the terms of the agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.