What rights do parties have to discovery in Creative World School arbitration?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties shall be entitled to conduct discovery (i.e., investigation of facts through depositions or other means), which shall be governed
by the Federal Rules of Civil Procedure (the "Rule" or "Rules") then in effect. However, the parties need not comply with obviously inapplicable Rules (e.g., Rule 16). The response time set forth in the Rules for all written discovery or motions shall be reduced by one-half and the parties shall complete all discovery within one hundred (100) days from the date the claimant filed her, his, or its initial arbitration demand; provided, however, that the arbitrator shall have the authority, in its discretion, to extend or otherwise modify the applicable time periods. The arbitrator shall have all power and authority to order discovery, to modify the specific requirements and limitations of the Rules for good cause, to make and enter orders with regard to motions, and to enter a final and binding judgment. Rules 12 and 56 of the Rules shall apply to all motion practice conducted in the arbitration. The parties further acknowledge and agree that the following terms, conditions and limitations shall apply to motions practices and discovery conducted as part of arbitration under this Agreement:
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to the 2025 Creative World School Franchise Disclosure Document, both parties involved in arbitration have the right to conduct discovery, which includes investigating facts through depositions or other methods. This discovery process is governed by the Federal Rules of Civil Procedure. However, parties are not required to comply with Rules that are obviously inapplicable.
Specifically, the response time for written discovery or motions is reduced by one-half compared to the standard Federal Rules of Civil Procedure. All discovery must be completed within 100 days from the date the initial arbitration demand was filed. The arbitrator, however, has the authority to extend or modify these time periods at their discretion. The arbitrator also has the power to order discovery, modify the requirements and limitations of the Rules for good cause, make orders regarding motions, and enter a final and binding judgment.
Furthermore, Rules 12 and 56 of the Federal Rules of Civil Procedure apply to all motion practices conducted during the arbitration. This means that Creative World School franchisees and the franchisor must adhere to these specific rules when filing motions as part of the arbitration process. These stipulations ensure a structured and regulated approach to discovery and motion practices during arbitration.