Are Bevaris Alliance parties allowed to hinder or prevent the Expert from reaching a determination?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 24.9 Each party shall with reasonable promptness supply each other with all information and give each other access to all documentation and personnel and/or things as the other party may reasonably require to make a submission under this clause.
- 24.10 The Expert's written decision on the matters shall be final and binding on the parties in the absence of manifest error or fraud.
- 24.11 Each party shall bear its own costs in relation to the reference to the Expert. The Expert's fees and any costs properly incurred by the Expert in arriving at the determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the parties as the Expert shall direct.
- 24.12 All matters concerning the process and result of the determination by the Expert shall be kept confidential among the parties and the Expert.
- 24.13 Each party shall act reasonably and co-operate to give effect to the provisions of this clause and otherwise do nothing to hinder or prevent the Expert from reaching his determination.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, both parties involved in an expert determination are required to cooperate fully to ensure the expert can reach a conclusion. Specifically, neither party is allowed to take actions that would impede the expert's ability to make a determination. This requirement is designed to ensure fairness and efficiency in resolving disputes through expert determination.
Each party must supply the other with necessary information and provide access to documentation, personnel, and other resources that may be reasonably required for submissions related to the expert determination process. This mutual obligation ensures that all relevant facts and perspectives are available to the expert. The expert's decision is considered final and binding unless there is a clear error or evidence of fraud, reinforcing the importance of the expert's role in the resolution process.
Both parties are responsible for their own costs associated with the expert determination, while the expert's fees and any costs they incur, including those of appointed advisors, are divided as directed by the expert. Confidentiality is maintained throughout the process, with all matters concerning the determination kept private among the parties and the expert. This framework encourages cooperation and transparency, as any attempt to obstruct the expert's work would violate the terms of the agreement and potentially undermine the resolution process.