How many arbitrators will hear disputes related to Golden Krust Caribbean Restaurant?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
aims will, if not otherwise resolved by us, be submitted to arbitration as provided in Paragraph F of this Section.
D. RIGHTS OF PARTIES ARE CUMULATIVE
Our and your rights hereunder are cumulative, and no exercise or enforcement by us or you of any right or remedy hereunder will preclude our or your exercise of enforcement of any other right or remedy hereunder which we or you are entitled by law to enforce.
E. ARBITRATION
Except for controversies, disputes or claims related to our based on your use of the Marks after the expiration or termination of this Agreement, all controversies, disputes or claims between us and our shareholders, officers, directors, agents and employees and you (your owners, guarantors, affiliates and employees, if applicable) arising out of or related to:
- (1) This Agreement or any other agreement between you and us or any other provision of any such agreement;
- (2) Our relationship with you;
- (3) The validity of this agreement or any other agreement between you and us or any provision of any such agreement; or
- (4) Any system standard relating to the establishment or operation of the Restaurant will be submitted for arbitration to the White Plains, New York office of the American Arbitration Association on demand of either party. Such arbitration proceedings will be conducted in White Plains, New York and, except as otherwise provided in this Agreement, will be heard by one arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § § 1 se seq.) and not by any state arbitration law.
The arbitrator will have the right to award or include in his award any relief which he deems proper in the circumstances, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorneys' fees and costs, provided that the arbitrator will not have the right to declare any mark generic or otherwise invalid or, except as otherwise provided in Paragraph I of this Section, to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.
Source: Item 22 — CONTRACTS (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, disputes between Golden Krust Caribbean Restaurant and its franchisees will be heard by one arbitrator. The arbitration will occur at the American Arbitration Association office in White Plains, New York, unless otherwise specified in the Franchise Agreement. The proceedings will follow the American Arbitration Association's commercial arbitration rules. The Federal Arbitration Act governs all arbitration matters, not any state arbitration law.
The arbitrator has the authority to award appropriate relief, including monetary damages, specific performance, injunctive relief, and attorney's fees and costs. However, the arbitrator cannot declare any mark generic or invalid or award exemplary or punitive damages, except as provided in Paragraph I of the relevant section. The arbitrator's decision is conclusive and binding, and the judgment upon the award may be entered in any court of competent jurisdiction.
Both Golden Krust Caribbean Restaurant and the franchisee retain the right to seek temporary restraining orders and preliminary injunctive relief from a court of competent jurisdiction in appropriate cases. However, they must also submit the dispute for arbitration on the merits. This arbitration clause ensures that disputes are resolved through a structured and binding process, while also allowing for emergency judicial intervention when necessary.