How are claims or controversies between a dealer and Cornwell Quality Tools settled?
Cornwell_Quality_Tools Franchise · 2025 FDDAnswer from 2025 FDD Document
Any claim or controversy in connection with, arising out of, or relating to the Agreement between Dealer and Cornwell shall be settled by binding arbitration in accordance with the rules pertaining to commercial dispute arbitration then existing with the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Such arbitration shall take place in such locations as the parties mutually agree, and in the absence of such agreement, in Akron, Ohio. The laws applicable to the arbitration procedure shall be the laws of the State of Ohio. The award of the arbitrator(s) shall be the sole remedy between the parties regarding any claims, counterclaims, issues presented or pled to the arbitrator(s).
Cornwell reserves the right to obtain injunctive or other mandatory relief from the act or omission of any activity prohibited or required by this Agreement in any court having jurisdiction, when such act or omission will cause irreparable harm to Cornwell.
Source: Item 23 — RECEIPT (FDD pages 101–373)
What This Means (2025 FDD)
According to Cornwell Quality Tools' 2025 Franchise Disclosure Document, any claim or controversy that arises from the agreement between a dealer and Cornwell Quality Tools will be settled through binding arbitration. This process adheres to the commercial dispute arbitration rules established by the American Arbitration Association. The judgment made by the arbitrator can be entered in any court that has jurisdiction over the matter.
The arbitration will take place at a location mutually agreed upon by both parties. However, if an agreement on location cannot be reached, the arbitration will occur in Akron, Ohio. The laws governing the arbitration procedure are those of the State of Ohio. The decision rendered by the arbitrator(s) serves as the sole and final resolution for any claims, counterclaims, or issues presented by either party during the arbitration.
Cornwell Quality Tools retains the right to seek injunctive or other mandatory relief from a court with jurisdiction if a dealer's action or failure to act violates the agreement and causes irreparable harm to Cornwell Quality Tools. This allows Cornwell Quality Tools to protect its interests through court intervention when necessary, in addition to the standard arbitration process.