What rules and procedures govern the arbitration process for Kitchen Solvers disputes?
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. 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. All other procedural matters shall be determined by applying the statutory, common laws, and rules of procedure that control a court of competent jurisdiction in the State of Wisconsin.
- 8.2.6 Other than as may be required by law, the entire arbitration proceedings (including, without limitation, any rulings, decisions or orders of the arbitrator), shall remain confidential and shall not be disclosed to anyone other than the parties to this Agreement.
- 8.2.7 The judgment of the arbitrator on any preliminary or final arbitration award shall be final and binding and may be entered in any court having jurisdiction.
- 8.2.8 We reserve the right, but have no obligation, to advance your share of the costs of any arbitration proceeding in order for such arbitration proceeding to take place and by doing so shall not be deemed to have waived or relinquished our right to seek recovery of those costs against you.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, several rules and procedures govern the arbitration process. Any dispute regarding whether a matter is subject to arbitration will be determined by the arbitrator. The arbitrator's decision is final and binding on all parties. However, the arbitrator cannot stay the termination of the agreement, assess punitive damages, certify a class action, or modify any lawful term of the agreement or business performance standards set by Kitchen Solvers. A judgment on the arbitration award can be entered in any state or federal court in La Crosse County, Wisconsin.
In arbitration proceedings, each party must submit any claim that would constitute a compulsory counterclaim under Rule 13 of the Federal Rules of Civil Procedure, or that claim will be barred. The arbitrator has the authority to decide on procedural matters that a court in the state where Kitchen Solvers' main office is located would be permitted to make. This includes deciding on factual, procedural, and legal questions related to the dispute, such as the applicability and enforceability of the arbitration section, the subject matter, timeliness, scope of the dispute, available remedies, and the existence of unconscionability or fraud.
The arbitrator can issue summary orders, 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's subpoena powers are limited by Wisconsin law. The parties should limit discovery to minimize time and expense, but otherwise have the same discovery rights as in civil actions under Wisconsin law. All other procedural matters will be determined by the laws and rules of procedure that control a competent court in Wisconsin.
The entire arbitration proceeding, including rulings and decisions, must remain confidential, unless otherwise required by law, and can only be disclosed to the parties involved in the agreement. Kitchen Solvers reserves the right, but has no obligation, to advance the franchisee's share of arbitration costs to allow the proceeding to take place, without waiving their right to seek recovery of those costs from the franchisee. Certain claims are excluded from mediation and arbitration, though the FDD excerpt does not specify which claims those are.