How many arbitrators will conduct the binding arbitration for a Casiola franchise dispute?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Arbitration shall be conducted by one arbitrator in accordance with the AAA's then current rules for commercial disputes, except as may be otherwise required in this Agreement. All arbitration proceedings shall be conducted in Orange County, Florida or, if suitable AAA facilities are not available in Orange County, Florida, then at a suitable AAA location selected by the arbitrator that is located closest to Orange County, Florida.
In connection with binding arbitration, you agree that:
- (i) All matters relating to arbitration, will be governed by the United States Federal Arbitration Act, except as expressly or otherwise set forth in this Agreement;
- (ii) The arbitration hearing shall be conducted within 180 days of the demand for arbitration;
- (iii) The arbitrator shall render written findings of fact and conclusions of law;
- (iv) Except as may be otherwise required and/or prohibited by this Agreement, the arbitrator has the right to award or include in his or her award any relief that he or she determines to be proper, including monetary damages, interest on unpaid sums, specific
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, any disputes that proceed to binding arbitration will be conducted by a single arbitrator. The arbitrator must adhere to the American Arbitration Association's (AAA) then-current rules for commercial disputes, unless the Franchise Agreement specifies otherwise.
All arbitration proceedings will take place in Orange County, Florida. If there are no suitable AAA facilities available there, the proceedings will occur at a suitable AAA location selected by the arbitrator that is located closest to Orange County, Florida.
The arbitrator is required to provide written findings of fact and conclusions of law. The arbitrator has the authority to award any relief deemed proper, including monetary damages, interest, specific performance, injunctive relief, attorney's fees, and costs, except that the arbitrator cannot declare the Licensed Marks to be generic or invalid.