What happens if the parties cannot agree on an arbitrator for a Bft dispute?

According to Bft's 2025 Franchise Disclosure Document, if the parties involved in a dispute are unable to agree on an arbitrator, JAMS (Judicial Arbitration and Mediation Services) will appoint an arbitrator. This arbitrator must have at least five years of experience in the areas relevant to the dispute.

This process ensures that even if Bft and the franchisee cannot come to a mutual agreement on who should arbitrate their dispute, a qualified and experienced arbitrator will still be selected to oversee the proceedings. This removes the potential for deadlock and ensures the arbitration can move forward.

For a prospective franchisee, this means they may not have direct control over the selection of the arbitrator if an agreement cannot be reached. However, the requirement that JAMS appoints someone with at least five years of relevant experience provides some assurance of competence and impartiality. Franchisees should familiarize themselves with JAMS' procedures and the types of arbitrators they typically appoint to understand the potential pool of candidates.