How is the arbitrator selected for Amorino disputes?

According to Amorino's 2025 Franchise Disclosure Document, if mediation is unsuccessful, any controversy, claim, cause of action, or dispute related to the franchise or the agreement will be submitted to binding arbitration. The arbitration will be conducted according to the Commercial Arbitration Rules of the American Arbitration Association (AAA). The location for the arbitration will be the AAA office in New York County, New York.

Specifically, the selection of the arbitrator involves choosing one arbitrator from a panel of neutral arbitrators provided by the AAA. This selection is made using the "striking method," a common approach in arbitration where each party takes turns removing names from the list until only one arbitrator remains. This ensures a neutral selection process.

The arbitrator has the authority to award the fees and expenses of the arbitration proceeding to the prevailing party. However, if the arbitrator does not make such an award, each party is responsible for their own fees, costs, and expenses, and the charges of the arbitrator will be split between the parties. The arbitrator cannot amend or modify the terms of the franchise agreement and cannot hear claims from more than one franchisee in a single proceeding. This arbitration provision is self-executing, meaning that if a party fails to attend a properly noticed arbitration proceeding, an award may still be entered against them.