In the Coffee News franchise agreement, what is the effect of the arbitrator's award and decision?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
The award and decision of the arbitrator shall be conclusive and binding upon the parties and judgment upon the award may be entered in any court of competent jurisdiction identified in paragraph 16.2 above, including an order pursuant to an opinion of the arbitrator for specific performance of any of the requirements of this Agreement.
Franchisor and Franchisee agree that any contest of such award shall be in the courts specified in Paragraph 16.2 above.
The arbitrator shall not add, delete, modify or amend any of the terms of this Agreement.
This Agreement to arbitrate shall continue in full force and effect subsequent to and not withstanding the expiration or termination of this Agreement.
During the period of any dispute or arbitration, the terms of this Agreement will remain in full force and effect on all parties, including the payment of all fees due in accordance with Schedule A and including the use of the trademark by the Franchisee.
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, the arbitrator's award and decision are conclusive and binding upon both parties, meaning both Coffee News and the franchisee must abide by the decision. Judgment upon the award may be entered in any court of competent jurisdiction identified in paragraph 16.2 of the agreement. This includes the possibility of a court order for specific performance of any requirements outlined in the agreement, based on the arbitrator's opinion.
Coffee News and the franchisee agree that any contest of the arbitrator's award must occur in the courts specified in Paragraph 16.2 of the franchise agreement. The arbitrator is not permitted to add, delete, modify, or amend any of the terms of the franchise agreement.
This agreement to arbitrate remains in effect even after the expiration or termination of the franchise agreement. During any dispute or arbitration period, all terms of the agreement remain in full force and effect for all parties. This includes the franchisee's obligation to pay all fees due according to Schedule A and to continue using the Coffee News trademark.