What must the arbitrator agree to before accepting appointment for Beverly Anns Cookie?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.2.6 Time Schedule.
Any award will be made within nine months of the filing of the notice of intention to arbitrate and the arbitrator will agree to comply with this schedule before accepting appointment.
The parties will use due diligence to meet the foregoing time schedule, and the arbitrator will have the right to impose appropriate sanctions against any party who fails to comply with the agreed-upon time schedule.
The arbitrator will use his best efforts to comply with the foregoing time schedule, but may unilaterally modify it if, in his opinion, modification is necessary for a proper and just resolution of the dispute.
The parties may jointly modify the agreed-upon time schedule, subject to the arbitrator's approval.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, any arbitrator selected to resolve disputes must agree to issue any award within nine months of the initial filing of the notice of intention to arbitrate. This requirement ensures a relatively swift resolution to disputes.
This agreement to a strict timeline before appointment is a condition that helps to ensure the arbitration process remains efficient. It also motivates the arbitrator to manage the proceedings proactively. This protects both Beverly Anns Cookie and the franchisee from prolonged uncertainty and legal expenses.
While the arbitrator can modify the schedule, they can only do so if they believe it is necessary for a proper and just resolution. The parties can also jointly modify the schedule with the arbitrator's approval. This flexibility allows for adjustments if unforeseen circumstances arise during the arbitration process, but the initial commitment to a nine-month timeframe sets a clear expectation for all parties involved.