What experience must the arbitrator have in Face Foundrie's arbitration proceedings?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
The arbitrator appointed must have at least ten (10) years' experience in franchising or franchise law, and the arbitrator will be instructed that he or she must follow the substantive law and the other requirements, waivers, and limitations of this Agreement. The arbitrator will have no authority to add, delete, or modify in any manner the terms and provisions of this Agreement. All findings, judgments, decisions, and awards of the arbitrator will be limited to the dispute or controversy set forth in the written demand for arbitration and response to that demand. The arbitrator may not award any relief that was not specifically requested by the parties before the start of the arbitration hearing, and the arbitrator may not declare any Mark generic or otherwise invalid or, except as expressly provided in this Agreement below, award any punitive, exemplary or multiple damages against either party (Franchisor and Area Developer hereby waiving to the fullest extent permitted by law, except as expressly provided in this Agreement below, any right to or claim for any punitive, exemplary or multiple damages against the other). The arbitrator will have the right to award or include in any award the specific performance of this Agreement, but will be required to file a reasoned brief with his or her award.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, any arbitrator appointed to resolve disputes must possess a minimum of ten years of experience in either franchising or franchise law. This requirement ensures that the arbitrator has sufficient expertise in the specific legal and business aspects of franchising to fairly and accurately assess the issues at hand.
Furthermore, the arbitrator is bound by the substantive law, requirements, waivers, and limitations outlined in the Franchise Agreement. They cannot alter the terms of the agreement in any way. The arbitrator's authority is confined to the specific dispute detailed in the written demand for arbitration and the corresponding response. They are prohibited from awarding relief not explicitly requested by the parties before the arbitration hearing begins.
Additionally, the arbitrator cannot declare any of Face Foundrie's marks generic or invalid. Except as expressly provided in the agreement, they cannot award punitive, exemplary, or multiple damages against either party. However, the arbitrator does have the power to enforce specific performance of the agreement and must provide a reasoned explanation for their award. These stipulations aim to ensure a fair, legally sound, and well-reasoned arbitration process, protecting the interests of both Face Foundrie and its franchisees.