According to the Bevaris Alliance FDD, what is the meaning of 'Expert of repute'?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 24.3 If the parties are unable to agree on an Expert or the terms of his appointment within seven days of either party serving details of a suggested expert on the other, either party shall then be entitled to request a court of competent jurisdiction per clause 27.15 to appoint an Expert of repute with experience in franchise matters.
- 24.4 The Expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of 90 days of the matter being referred to the Expert.
- 24.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then:
- (a) either party may apply to a court of competent jurisdiction per clause 27.15 to discharge the Expert and to appoint a replacement Expert with the required expertise; and
- (b) this clause shall apply to the new Expert as if he were the first Expert appointed.
- 24.6 All matters under this clause must be conducted, and the Expert's decision shall be written, in the English language.
- 24.7 The parties are entitled to make submissions to the Expert including oral submissions and will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
- 24.8 To the extent not provided for by this clause, the Expert may in the Expert's reasonable discretion determine such other procedures to assist with the conduct of the determination as the Expert considers just or appropriate, including instructing professional advisers to assist the Expert in reaching his or her determination.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, an 'Expert of repute' is referenced within the context of dispute resolution. If Bevaris Alliance and a franchisee cannot agree on an independent expert to resolve a dispute, either party can request a court of competent jurisdiction to appoint an 'Expert of repute' who has experience in franchise matters.
This expert is tasked with preparing a written decision and providing notice of that decision to both parties within 90 days of the matter being referred to them. If the expert is unable to fulfill their duties, either party can ask the court to discharge the expert and appoint a replacement with the required expertise. All proceedings and the expert's decision must be in English.
Both Bevaris Alliance and the franchisee have the right to submit information to the expert, including oral submissions, and must provide any assistance or documents the expert reasonably requires to reach a decision. The expert has the discretion to determine other procedures to assist in the determination, including seeking advice from professional advisors. This process ensures that disputes are resolved by a qualified and impartial individual with relevant experience in the franchise industry.