What is the deadline for the arbitrators to conduct the arbitration and render their decision for a Camp Margaritaville dispute?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 17.03 Arbitration. If the Parties are not able to appoint a Mediator or, if they have appointed one, fail to reach a mutual agreement based on the steps set forth in Section 17.02, within fifteen (15) days following the Parties' failure to appoint a mediator or failure to reach a mutual mediation agreement, then any Party may then submit the dispute for binding arbitration to the JAMS office in Atlanta, Georgia. The rules of JAMS shall, except as set forth below, be utilized in resolving the dispute:
- (a) each Party shall select one independent and impartial arbitrator from the JAMS panel in the Atlanta, Georgia metropolitan area. Within ten (10) days of the date upon which the last of those two (2) arbitrators is selected, the two (2) arbitrators shall select a third arbitrator by mutual agreement from the JAMS panel in the Atlanta, Georgia metropolitan area;
- (b) if the third arbitrator cannot be selected in the manner described in subsection (a), above, then each Party shall submit to the senior administrator of JAMS in Atlanta, Georgia the name of one (1) additional arbitrator, and he or she, using sole discretion, shall select one of those two (2) proposed arbitrators as the third arbitrator, who shall be the Chairperson;
- (c) the arbitration shall take place in Atlanta, Georgia at a location to be decided by majority vote of the arbitrators;
- (d) the arbitrators shall conduct the arbitration and render their written decision or award within one hundred eighty (180) calendar days of their selection, including specific findings of fact and conclusions of law;
- (e) the arbitration shall be binding and not subject to reversal by any court except for acts of intentional misconduct by an arbitrator;
- (f) either Party to this Agreement may apply to any court of competent jurisdiction to enforce an arbitration order; and
(g) if the arbitration panel does not decide any issue connected with the dispute, then either Party to this Agreement may apply to any court of competent jurisdiction for equitable relief and/or damages regarding that issue, after complying with the procedure set forth above.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the arbitrators are required to conduct the arbitration and provide their written decision or award within 180 calendar days of their selection. This includes specific findings of fact and conclusions of law. The arbitration proceedings will take place in Atlanta, Georgia, at a location determined by a majority vote of the arbitrators.
This timeline is important for prospective franchisees to understand, as it sets a limit on how long the arbitration process can take. Franchisees should be aware that the arbitration decision is binding and not subject to reversal by any court, except in cases of intentional misconduct by an arbitrator. Either party can apply to a court of competent jurisdiction to enforce the arbitration order.
If the arbitration panel does not make a decision on any issue related to the dispute, either party can apply to a court of competent jurisdiction for equitable relief and/or damages regarding that issue, but only after complying with the initial arbitration procedure. This ensures that all possible avenues of resolution are explored before resorting to further legal action.