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Court Watch

By Rupert Barkoff and Justin B. Heineman
March 30, 2006

Arbitration Award Set Aside, But Under Very Unique Circumstances

There are several reasons why both franchisors and franchisees like arbitration. One of them is finality. After the arbitration award is rendered, the likelihood of a successful appeal from the decision is minimal. But minimal and impossible are two outcomes that are nevertheless distinct, as demonstrated in the currently unreported decision, Twin Cities Galleries, LLC v. Media Arts Group, Inc. No. 02-2013 2006 WL 334908 (D. Minn., Feb. 13, 2006).

The salient issue in Twin Cities centered upon choice of law. The petitioners-franchisees apparently were located in Minnesota, and the respondents (a franchisor and its officers or directors) were located in California. The parties had selected by contract for California law to control. The arbitration panel decided that it would honor the contractual agreement and therefore refused to recognize the importance of the Minnesota Franchise Act, which expressly states:

[A]ny condition, stipulation or provision, including any choice of law provision, purporting to bind any person … acquiring a franchise … to waive compliance or which has the effect of waiving compliance with any provision of [the Minnesota Franchise Act] or any rule or order thereunder is void.

The arbitration panel consequently refused to hear certain evidence as to whether the relationship between the parties was a franchise and ultimately dismissed all of the franchisees' claims brought under the Minnesota Franchise Act.

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