Can the arbitrator provide injunctions in a Kitchen Solvers arbitration?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.2.4 The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, an arbitrator is able to issue injunctions. Specifically, the arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.
This means that if a dispute arises that goes to arbitration, the arbitrator has broad powers to issue orders to protect either Kitchen Solvers or the franchisee. These orders can include stopping certain actions (injunctions), taking possession of property (attachments or receiverships), or other forms of relief deemed necessary. Both Kitchen Solvers and the franchisee agree that these orders can be enforced by any court with the appropriate jurisdiction.
This clause provides a mechanism for swift action in disputes, potentially preventing further damage while the arbitration is ongoing. However, it also means franchisees must be prepared to abide by potentially strict orders issued by an arbitrator, even before a final decision is reached. The franchisee should seek legal counsel to fully understand the implications of consenting to such broad powers of an arbitrator.