In the Cd One Price Cleaners agreement, who determines the validity and scope of the arbitration obligations?
Cd_One_Price_Cleaners Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) the scope or validity of this Agreement or any other agreement between Franchisee (or its owners) and Franchisor (or any of its affiliates), or any provision of any of such agreements (including the validity and scope of the arbitration obligations under this Subsection, which the parties acknowledge is to be determined by an arbitrator and not a court); or
Source: Item 23 — Receipts (FDD pages 72–263)
What This Means (2025 FDD)
According to the 2025 Cd One Price Cleaners Franchise Disclosure Document, an arbitrator, not a court, determines the validity and scope of the arbitration obligations. This means that any disputes regarding whether a particular issue is subject to arbitration, or the extent to which arbitration applies, will be decided by the arbitrator assigned to the case.
This clause is significant for prospective franchisees because it removes the ability to have a judge decide on the scope and validity of the arbitration agreement. Instead, the arbitrator, who may be more familiar with commercial disputes but may not be a legal expert, will make these determinations. This can impact the franchisee's legal strategy and potential outcomes in case of a dispute with Cd One Price Cleaners.
It is fairly common in franchise agreements to include arbitration clauses, as they are generally intended to provide a quicker and more cost-effective means of resolving disputes compared to litigation. However, the specific provision assigning the arbitrator the authority to determine the scope and validity of the arbitration agreement itself is something a prospective franchisee should carefully consider, as it limits their options for challenging the arbitration process in court.