What determinations can the arbitrator make regarding procedural matters in a Kitchen Solvers arbitration?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
y not under any circumstances: (1) stay the effectiveness of any pending termination of this Agreement; (2) assess punitive or exemplary damages; (3) certify a class or a consolidated action; or (4) make any award which extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that we set. The arbitrator shall have the right to make a determination as to any procedural matters that court of competent jurisdiction would be permitted to make in the state in which our main office is located. Further, the arbitrator shall decide all factual, procedural, or legal questions relating in any way to the dispute between the parties, including, without limitation, questions relating to whether Section 8.2 is applicable and enforceable as against the parties; the subject matter, timeliness, and scope
of the dispute; any available remedies; and the existence of unconscionability and/or fraud in the inducement.
- 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.
- 8.2.5 The arbitrator shall have subpoena powers limited only by the laws of the State of Wisconsin. The parties ask that the arbitrator limit discovery to the greatest extent possible consistent with basic fairness in order to minimize the time and expense of arbitration. The parties to the dispute shall otherwise have the same discovery rights as are available in civil actions under the laws of the State of Wisconsin.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the arbitrator has the authority to make determinations on procedural matters that a court of competent jurisdiction would be permitted to make in the state where Kitchen Solvers' main office is located. Additionally, the arbitrator is responsible for deciding all factual, procedural, and legal questions related to the dispute between the parties. This includes determining if the arbitration section is applicable and enforceable, as well as addressing the subject matter, timeliness, and scope of the dispute. The arbitrator also decides on available remedies and the existence of unconscionability or fraud.
Furthermore, the arbitrator can issue summary orders to resolve claims, provide temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable or interim/final relief. Both parties must consent to the enforcement of these orders by any court with jurisdiction. The arbitrator's subpoena powers are limited only by the laws of the State of Wisconsin.
To minimize the time and expense of arbitration, the parties request that the arbitrator limit discovery as much as possible while maintaining basic fairness. The parties involved in the dispute have the same discovery rights as those available in civil actions under Wisconsin law. All other procedural matters are determined by applying the statutory, common laws, and rules of procedure that govern a court of competent jurisdiction in Wisconsin. These measures ensure that the arbitration process is conducted efficiently and fairly, while adhering to legal standards and respecting the rights of both parties.