How many arbitrators will hear the arbitration for Kitchen Solvers disputes?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Any issue as to whether a matter is subject to arbitration will be determined by the arbitrator.
A judgment may be entered upon the arbitration award by any state or federal court in La Crosse County, Wisconsin.
- 8.2.3 In connection with any arbitration proceeding, each party will submit or file any claim which would constitute a compulsory counterclaim (as defined by the then-current Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates.
Any such claim which is not submitted or filed in such proceeding will be forever barred.
The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may 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
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, the decision regarding whether a matter is subject to arbitration will be determined by the arbitrator. The FDD does not specify the number of arbitrators that will preside over Kitchen Solvers disputes.
However, the document does state that the arbitrator's decision will be final and binding on all parties involved. The arbitrator has specific limitations, such as not being able to stay the effectiveness of any pending termination of the agreement, assess punitive or exemplary damages, certify a class or a consolidated action, or make any award that extends, modifies, or suspends any lawful term of the agreement or any reasonable standard of business performance set by Kitchen Solvers.
The arbitrator also has the authority to decide on procedural matters, factual, procedural, or legal questions related to the dispute, including the applicability and enforceability of the arbitration section, the subject matter, timeliness, and scope of the dispute, available remedies, and the existence of unconscionability or fraud. The arbitrator can issue summary orders and provide for various forms of relief, with each party consenting to the enforcement of such orders by any court having jurisdiction.
Prospective Kitchen Solvers franchisees should seek clarification from the franchisor regarding the specific arbitration process, including the number of arbitrators involved, the selection process for arbitrators, and any additional details about the arbitration rules and procedures to fully understand their rights and obligations.