In Bhc franchise disputes, can a party present briefs and affidavits of witnesses who are unable to attend hearings?

According to Bhc's 2025 Franchise Disclosure Document, during arbitration proceedings, both the franchisee and Bhc have the option to submit briefs and affidavits from witnesses who cannot attend the hearings. This can be a cost-effective way to present testimony from individuals who are geographically distant or otherwise unable to appear in person.

This provision allows for a more flexible and potentially less expensive way to present evidence. Instead of bearing the full cost of bringing a witness to a hearing, a party can obtain a sworn statement (affidavit) and written arguments (briefs) to present the witness's information to the arbitrator. The arbitrator still has discretion over the discovery process, including the use of affidavits, interrogatories, and depositions.

It is important to note that while this option exists, the weight given to such evidence is at the arbitrator's discretion. Live testimony is generally considered more persuasive, as it allows for cross-examination. A prospective Bhc franchisee should consider the potential costs and benefits of using affidavits versus live testimony in the event of a dispute.