What rules does the American Arbitration Association (AAA) use to conduct arbitration for Casiola franchise disputes?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
(a) Arbitration – Except, at our option, as to any claims or disputes related to or concerning a breach of this Agreement by you that may entitle us to the award of injunctive relief, you agree that any and all disputes, controversies, and claims, arising from and/or related to this Agreement, shall be submitted to the American Arbitration Association ("AAA") for binding arbitration. 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, disputes will be submitted to the American Arbitration Association (AAA) for binding arbitration. The arbitration will be conducted by a single arbitrator, following the AAA's current rules for commercial disputes, unless the franchise agreement specifies otherwise. Unless Casiola elects otherwise, this applies to all disputes, controversies, and claims related to the Franchise Agreement, the relationship between Casiola and the franchisee, the Casiola system, and the validity of the agreement.
The arbitration proceedings will take place in Orange County, Florida, or if suitable AAA facilities aren't available there, at a location selected by the arbitrator that is closest to Orange County, Florida. All matters related to arbitration are governed by the United States Federal Arbitration Act, except as expressly set forth in the agreement. The arbitration hearing must be conducted within 180 days of the demand for arbitration.
The arbitrator is required to provide written findings of fact and conclusions of law. The arbitrator can award any relief deemed proper, including monetary damages, interest on unpaid sums, specific performance, injunctive relief, attorneys' fees, and costs, unless otherwise required or prohibited by the agreement. However, the arbitrator cannot declare the licensed marks to be generic or invalid. Franchisees should note that pre-arbitration non-binding mediation is required, and all proceedings will be conducted on an individual basis, not as part of a class action.