What rules of practice and procedure govern arbitration for Hck Hot Chicken franchise disputes?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Said arbitration shall be conducted before and will be heard by three arbitrators in accordance with the then-current Rules of Practice and Procedure of JAMS.
If JAMS or any successor thereto, is no longer in existence at the time arbitration is commenced, Franchisor and Franchisee will agree on another arbitration organization to conduct the arbitration proceeding.
Judgment upon any award rendered may be entered in any Court having jurisdiction thereof.
Except to the extent prohibited by Applicable Law, the proceedings shall be held in the location closest to Franchisor's principal place of business (currently Sarasota, FL).
All arbitration proceedings and claims shall be filed and prosecuted separately and individually in the name of Franchisee and Franchisor, and not in any class action or representative capacity, and shall not be joined with or consolidated with claims asserted by or against any other franchisee.
The arbitrators shall have no power or authority to grant punitive or exemplary damages as part of its award.
In no event may the material provisions of this Agreement including, but not limited to the method of operation, authorized product line sold or monetary obligations specified in this Agreement, amendments to this Agreement or in the HCK Hot Chicken Brand Standards Manual be modified or changed by the arbitrator at any arbitration hearing.
The arbitration and the parties' agreement therefor shall be deemed to be self-executing, and if either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party despite said failure to appear.
All issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), notwithstanding any provision of this Agreement specifying the state law under which this Agreement shall be governed and construed.
Except as required by Applicable Law, including the required disclosure in Franchisor's franchise disclosure document, the entire arbitration proceedings and related documents are confidential.
These matters will not be discoverable or admissible for any purposes, including impeachment, in any litigation or other proceeding involving the parties, and will not be disclosed to anyone who is not an agent, employee, expert witness, or representative for any of the parties; however, evidence otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, any arbitration will be conducted before three arbitrators and follow the then-current Rules of Practice and Procedure of JAMS (Judicial Arbitration and Mediation Services). If JAMS is no longer in existence when arbitration begins, Hck Hot Chicken and the franchisee will agree on a successor arbitration organization. The judgment upon any award rendered may be entered in any court having jurisdiction.
The proceedings will be held closest to Hck Hot Chicken's principal place of business, which is currently Sarasota, FL, unless prohibited by applicable law. All arbitration proceedings and claims must be filed and prosecuted separately and individually, not as part of a class action or consolidated with other franchisees' claims. The arbitrators do not have the authority to grant punitive or exemplary damages.
Furthermore, the arbitrator cannot modify or change the material provisions of the Franchise Agreement, including the method of operation, authorized product line, monetary obligations, amendments to the agreement, or the Hck Hot Chicken Brand Standards Manual. The arbitration agreement is self-executing, meaning that if either party fails to appear at a properly noticed arbitration proceeding, an award may be entered against them. All issues related to arbitrability or the enforcement of the arbitration agreement are governed by the Federal Arbitration Act.
Except as required by applicable law or disclosure in Hck Hot Chicken's franchise disclosure document, the entire arbitration proceedings and related documents are confidential. These matters are not discoverable or admissible for any purposes in any litigation or other proceeding involving the parties, and will not be disclosed to anyone who is not an agent, employee, expert witness, or representative for any of the parties. However, evidence otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the arbitration.