factual

How many arbitrators will conduct the Checkersrallys arbitration?

Checkersrallys Franchise · 2025 FDD

Answer from 2025 FDD Document

The arbitration shall be conducted by three arbitrators.

Each party shall select an arbitrator within fifteen (15) days of commencement of the arbitration who shall serve as party arbitrators.

The two designated party arbitrators shall select a neutral arbitrator within twenty (20) days of their selection.

If the two party arbitrators cannot agree on a third arbitrator within twenty (20) days of their appointment, the AAA shall select a third arbitrator in accordance with the terms of this Agreement.

Source: Item 22 — CONTRACTS (FDD pages 91–92)

What This Means (2025 FDD)

According to Checkersrallys's 2025 Franchise Disclosure Document, any arbitration will be conducted by a panel of three arbitrators. The process involves each party selecting one arbitrator within fifteen days of the arbitration's commencement; these two arbitrators are termed 'party arbitrators'. They then have twenty days to select a neutral arbitrator. If they fail to agree on a third arbitrator within this timeframe, the American Arbitration Association (AAA) will select the third arbitrator.

This three-arbitrator setup is a common practice in franchise arbitration, intended to balance the interests of both parties while ensuring impartiality through the selection of a neutral arbitrator. The arbitrators have the authority to award individual relief deemed proper under the evidence and applicable law, consistent with the agreement's limitations on damages and relief. The decision made by the arbitrators is considered conclusive and binding, and judgment upon the award can be entered in any court with competent jurisdiction.

For a prospective Checkersrallys franchisee, understanding this arbitration process is crucial. It outlines how disputes with Checkersrallys will be resolved, emphasizing the importance of selecting a capable arbitrator who will represent their interests effectively. The franchisee should also be aware of the timelines involved in the arbitrator selection process and the potential for the AAA to intervene if the party-appointed arbitrators cannot agree on a neutral third member. The costs associated with arbitration can be significant, and franchisees should factor this into their assessment of the franchise opportunity.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.