In the event of arbitration with Big Air Trampoline Park, who selects the arbitrator?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding any provision contained in this Section 21, Franchisor may, at its sole option, institute an action or actions for temporary or preliminary injunctive relief or seeking any other temporary or permanent equitable relief against the Multi-Unit Developer that may be necessary to protect its trademarks or other rights or property.
However, in Franchisor's sole discretion, the final right of determination of the ultimate controversy, claim or dispute shall be decided by arbitration as aforesaid
and recourse to the courts shall thereafter be limited to seeking an order to enforce an arbitral award. In no event shall the Multi-Unit Developer be entitled to make, the Multi-Unit Developer shall not make, and the Multi-Unit Developer hereby waives, any claim for money damages by way of set-off, counterclaim, defense or otherwise based upon any claim or assertion by the Multi-Unit Developer that Franchisor has unreasonably withheld or unreasonably conditioned or delayed any consent or approval to a proposed act by the Multi-Unit Developer under any of the terms of this Agreement. The Multi-Unit Developer's sole remedy for any claim shall be an action or proceeding to enforce any provisions, for specific performance or declaratory judgment.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, in the event of a dispute between a Multi-Unit Developer and Big Air Trampoline Park, the final determination will be decided by arbitration. However, the excerpt does not specify the process or rules for selecting the arbitrator.
Because the FDD excerpt does not specify how the arbitrator is selected, prospective franchisees should seek clarification from Big Air Trampoline Park regarding the arbitration process. Understanding the selection process, including who is responsible for choosing the arbitrator and what qualifications the arbitrator must possess, is crucial for a franchisee to assess the fairness and impartiality of the arbitration process.
Understanding the process of arbitrator selection is essential, as it directly impacts the perceived fairness and impartiality of the arbitration process. Franchisees should inquire about the criteria used to select arbitrators, whether there is a pre-approved list of arbitrators, and if franchisees have any input in the selection process. This information will help franchisees make informed decisions and protect their interests in case of future disputes with Big Air Trampoline Park.