Can a court order the consolidation of arbitrable disputes for Christian Brothers Automotive?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) The parties expressly agree that any court with jurisdiction may order the
consolidation of any arbitrable dispute, controversy or claim under this Agreement
with any related arbitrable dispute, controversy or claim not arising under this
Agreement, as the court may deem necessary in the interests of justice or efficiency
or on such other grounds as the court may deem appropriate, provided that the
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to Christian Brothers Automotive's 2025 Franchise Disclosure Document, a court with jurisdiction can order the consolidation of arbitrable disputes. Specifically, any arbitrable dispute, controversy, or claim under the Franchise Agreement or the Commercial Sub-Lease Agreement can be consolidated with any related arbitrable dispute, controversy, or claim not arising under those agreements.
This consolidation can occur if the court deems it necessary in the interests of justice or efficiency, or on other grounds the court considers appropriate. However, the document stipulates that the consolidated disputes, controversies, and claims must be resolved through arbitration.
For a prospective franchisee, this means that if a dispute arises that is subject to arbitration, a court could combine that dispute with other related disputes, even if those other disputes don't directly stem from the Franchise Agreement or Sub-Lease Agreement. This could broaden the scope of the arbitration and potentially increase the complexity and cost of the process. It is important to note that this consolidation is subject to the court's discretion and is intended to promote justice and efficiency in resolving disputes.