Which rules of evidence apply to all arbitration hearings related to the Hydrodog franchise agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
The Federal Rules of Evidence (the "Rules") will apply to all arbitration hearings and the introduction of all evidence, testimony, records, affidavits, documents and memoranda in any arbitration hearing must comply in all respects with the Rules and legal precedents interpreting the Rules.
Both parties will have the absolute right to cross-examine any person who testified against them or in favor of the other party.
The Arbitrators will have no authority to add to, delete or modify in any manner the terms and provisions of this Agreement.
All findings, judgments, decisions and awards of the Arbitrators will be limited to the dispute set forth in the written demand for arbitration, and the Arbitrators will have no authority to decide any other issues.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the Federal Rules of Evidence will apply to all arbitration hearings related to the franchise agreement. This means that any evidence, testimony, records, affidavits, documents, and memoranda introduced during the arbitration must comply with these rules and any legal precedents interpreting them. This requirement ensures a standardized and legally recognized framework for presenting evidence during arbitration.
Both parties involved in the arbitration, which includes Hydrodog and the franchisee, have the right to cross-examine any person who provides testimony against them or in favor of the opposing party. This right to cross-examination is a fundamental aspect of due process, allowing each side to challenge the credibility and accuracy of the evidence presented by the other.
The arbitrators' authority is specifically limited to interpreting and ensuring adherence to the written provisions of the franchise agreement. They cannot add to, delete, or modify any terms of the agreement. The arbitrators' decisions must be confined to the disputes outlined in the written demand for arbitration, preventing them from addressing unrelated issues. This ensures that the arbitration remains focused on the specific contractual matters at hand.