What is the deadline for the parties to agree on the selection of an arbitrator for Beverly Anns Cookie?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Arbitration will be conducted before a single, neutral arbitrator who is familiar with legal disputes of the type at issue and who has franchise business or contract experience. The parties will mutually agree on the selection of the arbitrator; however, if the parties have
not agreed on the selection of an arbitrator within 30 days after the arbitration demand, either party may request AAA or successor organization, to appoint a qualified arbitrator.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, if the parties involved in a dispute cannot agree on an arbitrator within 30 days after an arbitration demand has been made, either party has the option to request the American Arbitration Association (AAA), or its successor, to appoint a qualified arbitrator.
This means that a potential franchisee has 30 days to come to an agreement with Beverly Anns Cookie on who will serve as the arbitrator. If they cannot agree within that timeframe, the decision is handed over to the AAA or a similar organization to select an arbitrator. This ensures that the arbitration process can move forward even if the parties involved have differing opinions on who should be the arbitrator.
It is important to note that the arbitrator must be familiar with legal disputes of the type at issue and have franchise business or contract experience. This requirement aims to ensure that the arbitrator has the necessary expertise to fairly and competently resolve the dispute. The arbitrator's decision is binding on both parties, and judgment upon the decision may be entered in any court having jurisdiction.