Is the arbitrator's award final and binding in a Dryject franchise dispute?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
if there is no AAA office in that city, at the location of the AAA office nearest to Our principal place of business, which is currently Hatboro, Pennsylvania). The award of the Arbitrator shall be final and judgment upon the award rendered in Arbitration may be entered in any court having jurisdiction thereof. The costs and expenses of Arbitration, including compensation and expenses of the Arbitrator, shall be borne by the non-prevailing party.
- DryJect Franchise Agreement 53 (d) Any party to this Agreement may bring an action, including a summary or expedited proceeding to compel Arbitration of any such dispute or controversy, in a court of competent jurisdiction in the state and judicial district where We maintain Our principal place of business and, further, may seek provisional or ancillary remedies including temporary or injunctive relief in connection with such dispute or controversy, without providing or posting any bond or security r
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the arbitrator's award is final. The FDD states that once an arbitration award is rendered, a judgment can be entered in any court with proper jurisdiction. This clause indicates that Dryject intends for arbitration to be the final step in dispute resolution, preventing further litigation on the same issues.
This means that if a dispute arises between a Dryject franchisee and the company, and the matter proceeds to arbitration, the arbitrator's decision is binding. The losing party cannot typically appeal the decision to a higher court, except under very limited circumstances, such as evidence of fraud or bias in the arbitration process. This promotes efficiency and cost savings by avoiding lengthy court battles.
However, the document also specifies that any party can bring an action to compel arbitration in a court of competent jurisdiction where Dryject maintains its principal place of business. Additionally, parties may seek provisional remedies or injunctive relief in connection with a dispute, provided that the dispute is ultimately resolved through binding arbitration. This allows parties to seek immediate relief while still adhering to the agreement to resolve the core dispute through arbitration.
Prospective Dryject franchisees should understand that while arbitration is intended to be a streamlined process, they are giving up their right to a jury trial. They should carefully consider the implications of this clause and consult with an attorney to fully understand their rights and obligations under the franchise agreement.