What is each party required to produce during discovery in a Christian Brothers Automotive arbitration?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
(p) The parties agree that discovery shall be limited and shall be handled expeditiously.
Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrator(s). All disputes regarding discovery shall be resolved by the arbitrator.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, discovery in arbitration is limited compared to standard court litigation. Each party involved is required to produce relevant and non-privileged documents or copies if requested by the other party. The timing and extent of this production are determined by the arbitrator(s). Any disagreements regarding discovery will be resolved by the arbitrator(s).
This means that prospective Christian Brothers Automotive franchisees should expect a streamlined discovery process if a dispute goes to arbitration. They will need to provide relevant documents if requested, but the scope of discovery is not as broad as in a typical court case. This can potentially save time and resources.
However, franchisees should be prepared to justify why certain documents are not relevant or are privileged if they wish to withhold them. The arbitrator has the final say in what must be produced. This limited discovery process aims to expedite the resolution of disputes, but it also places significant power in the hands of the arbitrator to manage the flow of information.