What law governs arbitration matters related to the My Salon Suite franchise agreement?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.
- (1) The arbitrator has the right to award or include in his or her award any relief which he or she deems proper, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief, and attorneys' fees and costs, provided that the arbitrator may not declare any Mark generic or otherwise invalid or, except as expressly provided in Section 17.B., award any punitive or exemplary damages against either party (Franchisor and Franchisee hereby waive to the fullest extent permitted by law, except as expressly provided in Section 17.B., any right to or claim for any punitive or exemplary damages against the other).
Other than as may be required by law, the entire arbitration proceeding (including, but not limited to any rulings, decisions or orders of the arbitrator and any documents produced or exchanged or evidence given) shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
The arbitrator will issue its decision within sixty (60) days after the closing of the hearings.
- (2) Franchisor and Franchisee agree to be bound by the provisions of any limitation on the period in which claims must be brought under applicable law or this Franchise Agreement, whichever expires earlier.
Franchisor and Franchisee further agree that, in any arbitration proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates.
Any claim which is not submitted or filed as required is forever barred.
The arbitrator may not consider any settlement discussions or offers that might have been made by either Franchisor or Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs all arbitration matters related to the franchise agreement. This means that the procedures and enforcement of any arbitration proceedings between My Salon Suite and the franchisee will be subject to this federal law. Judgment upon the arbitrator's award can be entered in any court that has the jurisdiction to do so.
The arbitrator in these proceedings has the authority to award relief deemed proper, including monetary damages with interest, specific performance, injunctive relief, and attorneys' fees and costs. However, the arbitrator cannot declare any mark generic or invalid, and punitive or exemplary damages are waived by both parties, except as expressly provided in Section 17.B. The entire arbitration proceeding will remain confidential, and the arbitrator must issue a decision within 60 days after the hearings close.
Both My Salon Suite and the franchisee must adhere to any limitations on the period in which claims must be brought under applicable law or the franchise agreement, whichever expires earlier. Furthermore, any claim that would constitute a compulsory counterclaim must be submitted or filed within the same proceeding as the original claim, as defined by Rule 13 of the Federal Rules of Civil Procedure. Failure to do so will result in the claim being permanently barred. The arbitrator is also prohibited from considering any settlement discussions or offers made by either party.