How does a party initiate an arbitration proceeding against Beverly Anns Cookie?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.2.1 Notice of Arbitration. Either party may initiate an arbitration proceeding by making a written demand to the other party, and both parties will then be obligated to engage in arbitration. The demand for arbitration must be served on the other party within the period provided by the applicable statute of limitations, and must contain a statement setting forth the nature of the dispute, the amount involved, if any, and the remedies sought. A demand for arbitration will not operate to stay, postpone or rescind the effectiveness of any termination of this Franchise Agreement. Arbitration will not proceed until any protest of arbitrability is resolved by the arbitrator or by an appropriate court, if necessary.
- 27.2.2 Selection of Arbitrator. 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
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, either party can initiate an arbitration proceeding by providing a written demand to the other party. This demand must be served within the applicable statute of limitations period and include the nature of the dispute, the amount involved (if any), and the remedies sought.
The demand for arbitration does not delay or cancel any termination of the Franchise Agreement. Arbitration will only proceed once any challenges to arbitrability are resolved by the arbitrator or a court, if necessary. This process ensures that both Beverly Anns Cookie and the franchisee have a clear understanding of the issues and the process moving forward.
This arbitration will take place in the city closest to Beverly Ann's Cookie's principal place of business, which is currently Florence, Kentucky. The arbitration will be conducted according to the Commercial Arbitration Rules of the AAA. The selected arbitrator will be a neutral party 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.