How is the arbitrator selected for Amorino franchise disputes?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) One arbitrator shall be selected from a panel of neutral arbitrators provided by the AAA and shall be chosen by the striking method.
The fees and expenses of the proceeding may be awarded by the arbitrator to the prevailing party.
If not so awarded, the parties shall bear their own fees, costs and expenses, and the charges of
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, if mediation is unsuccessful, any disputes will be settled through binding arbitration. The arbitrator is selected from a panel of neutral arbitrators provided by the American Arbitration Association (AAA). The selection process involves what is referred to as the "striking method."
This means that both Amorino and the franchisee will likely receive a list of potential arbitrators from the AAA. Each party then has the opportunity to strike off names they find unsuitable until only one arbitrator remains. This process aims to ensure that the selected arbitrator is mutually acceptable and unbiased.
The arbitration will be held at the office of the AAA in New York County, New York. The arbitrator's fees and expenses can be awarded to the prevailing party. However, if not awarded, each party is responsible for their own fees, costs, and expenses, and the arbitrator's charges will be split between the parties. The arbitrator cannot change the terms of the franchise agreement or hear claims from more than one franchisee in a single proceeding.