Are the parties entitled to make submissions to the Expert for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
his 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.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, both parties involved in a dispute that goes to an expert for determination are entitled to make submissions to that expert. This includes both oral and written submissions.
Specifically, the franchisee and Bevaris Alliance can provide the expert with assistance and documents that the expert reasonably requires to reach a decision. Each party must also supply each other with all information, documentation, personnel, and access to items that the other party may reasonably need to make a submission.
This process ensures that the expert has access to all necessary information to make an informed decision. The expert's decision is final and binding on both parties unless there is a manifest error or fraud. All aspects of the expert determination process are to be kept confidential between the parties and the expert.