What questions can the arbitrator decide in a Kitchen Solvers dispute?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
headquarters is no longer in La Crosse County, Wisconsin, the county where our corporate headquarters is thenlocated). The arbitration will be heard before one arbitrator. The arbitrator must follow the law and not disregard the terms of this Agreement. The arbitrator must have at least five (5) years of significant experience in franchise law. 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.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the arbitrator is responsible for deciding all factual, procedural, and legal questions related to a dispute between the parties. This includes determining whether 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 whether unconscionability or fraud in the inducement exists.
In addition to these broad powers, the arbitrator can issue summary orders to resolve claims, and provide temporary restraining orders, preliminary injunctions, injunctions, attachments and other equitable relief. Each party must consent to the enforcement of such orders by any court with jurisdiction. The arbitrator also has subpoena powers limited only by Wisconsin state laws, and the parties have the same discovery rights as in Wisconsin civil actions.
However, the arbitrator's powers are not unlimited. The arbitrator cannot stay the effectiveness of a 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. Any issue as to whether a matter is subject to arbitration will be determined by the arbitrator.