Where will the arbitration proceedings take place for disputes involving Christian Brothers Automotive?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
24. DISPUTE RESOLUTION AGREEMENT.
24.01 Dispute Resolution Agreement.
(a) If a dispute, controversy or claim arises between or among any or all of the parties, including without limitation any dispute, controversy or claim that arises out of or relates to this Agreement or any other agreement, instrument, or relationship between the parties, or the breach, termination or invalidity of the Agreement or any such other agreement or instrument, AND including but not limited to a claim based on or arising out of a claim for tortious interference or other tortious or statutory claims arising before, during or after termination of this Agreement and including any dispute that involves any or all of the parties and any employee, officer, director, supervisor or member of management of either party hereto (collectively the "Dispute"), and if the Dispute cannot be settled through direct discussions, the parties agree to resolve the Dispute by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the "Rules"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration hereunder shall be pursuant to the applicable rules of the American Arbitration Association as set out above except to the extent modified in this Section. The parties acknowledge that this Agreement and/or the dealings of the parties involve interstate commerce and that the Federal Arbitration Act applies to any arbitration hereunder. Any such arbitration shall be conducted before three (3) arbitrators unless the parties agree in writing to a different number. No arbitration shall be conducted before an even number of arbitrators.
Franchise Agreement (Ver 04-14-2025)
Franchisee: ______________
Franchisor: Christian Brothers Automotive Corporation
(b) The parties expressly agree that any court with jurisdiction may order the
consolidation of any arbitrable dispute, controversy or claim under this Agreement
with any related arbitrable dispute, controversy or claim not arising under this
Agreement, as the court may deem necessary in the interests of justice or efficiency
or on such other grounds as the court may deem appropriate, provided that the
(g) Neither the parties nor the arbitrator(s) may disclose to any person not involved in the arbitration the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
(h) The parties agree that all questions concerning the arbitrator(s)' jurisdiction shall be decided by the arbitrator(s).
(i) A party or parties against whom any final award is entered by the arbitrator(s) agrees to pay the prevailing party all reasonable costs, charges and expenses, including but not limited to arbitration filing fees, arbitrator fees, reasonable attorney and expert fees, incurred and to be incurred in connection with said arbitration, any action to compel arbitration and/or compliance with the terms of this section, and/or the confirmation and enforcement of the arbitration award. The arbitrator(s) shall include such costs, charges and expenses as part of the final award. This agreement to arbitrate is intended to be binding upon the signatories herto, their principals, successors, assigns, subsidiaries or affiliates.
Franchise Agreement (Ver 04-14-2025)
Franchisee: ______________
Franchisor: Christian Brothers Automotive Corporation
(j) The arbitrator(s) shall determine the rights and obligations of the parties according to applicable federal laws and to the substantive laws of the State of Texas (excluding conflicts of laws principles).
(k) The arbitrator(s) is directed to consider any defense that all or part of the claim is not timely by reason of laches or statute of limitations as a preliminary issue and to render an award determining the merits of such claim before considering the substantive merits of the arbitration claim, unless the arbitrator(s) determines that the merits of such claim of laches or statute of limitations is so intertwined with the
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, disputes that cannot be resolved through direct discussion will be settled through binding arbitration. The arbitration will be managed by the American Arbitration Association, following its Commercial Arbitration Rules. The ruling made by the arbitrator(s) can be legally enforced by any court with the appropriate jurisdiction. The Federal Arbitration Act applies to any arbitration because the agreement involves interstate commerce. Unless both parties agree to a different number, a panel of three arbitrators will preside over the arbitration. Under no circumstance will there be an even number of arbitrators.
Any court with jurisdiction can order the consolidation of arbitrable disputes under the Franchise Agreement with related disputes not arising under the agreement, if deemed necessary for justice or efficiency. The arbitrator(s) will determine the rights and obligations of the parties based on applicable federal laws and the substantive laws of the State of Texas, excluding its conflicts of laws principles. The arbitrator(s) will address any claims of untimeliness due to laches or statute of limitations as a preliminary issue before considering the substantive merits of the arbitration claim.
Neither the parties nor the arbitrator(s) are allowed to disclose the existence, content, or results of any arbitration without the prior written consent of all parties involved. All questions concerning the arbitrator(s)' jurisdiction will be decided by the arbitrator(s). The losing party will cover all reasonable costs, charges, and expenses of the prevailing party, including arbitration filing fees, arbitrator fees, reasonable attorney and expert fees, incurred in connection with the arbitration, actions to compel arbitration, compliance with the terms of this section, and enforcement of the arbitration award. Discovery procedures available in litigation before the courts do not apply in arbitration, but each party must produce relevant, non-privileged documents as required by the arbitrator(s).