What discovery is permitted within the discretion of the arbitrator during Bhc franchise arbitration?

According to Bhc's 2025 Franchise Disclosure Document, during arbitration, a limited amount of discovery is permitted at the arbitrator's discretion. This discovery can include affidavits, interrogatories, and depositions.

For a prospective Bhc franchisee, this means that while arbitration is intended to be a more streamlined and efficient process than traditional litigation, there is still an opportunity to gather information and evidence to support their case. The arbitrator has the authority to decide what level of discovery is appropriate, balancing the need for information with the goal of a timely and cost-effective resolution.

It is important to note that the scope of discovery is "limited," meaning a franchisee may not have access to the same breadth of information as in a court trial. The arbitrator's decisions on discovery can significantly impact a franchisee's ability to build their case, so understanding the types of information that can be obtained through affidavits, interrogatories, and depositions is crucial. Franchisees should consult with legal counsel to understand how to effectively utilize these discovery tools within the constraints set by the arbitrator.