What procedures are followed in a Christian Brothers Automotive arbitration, besides those prescribed in the agreement?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
chisor: Christian Brothers Automotive Corporation
award or awards within a period of thirty (30) days after closure of the proceedings,
but failure to do so shall not be a basis for challenging the award.
(n) The procedure to be followed in any arbitration hereunder shall be as prescribed
herein and in such directives that shall be issued by the arbitrator(s) following
consultation with the parties. Unless otherwise agreed by the parties, the
procedures shall provide for the submission of briefs by the parties, the introduction
of documents and the oral testimony of witnesses, cross-examination of witnesses,
oral arguments, the closure of the proceedings and such other matters as the
arbitrator(s) may deem appropriate. Further, the arbitrator(s) shall regulate all
matters relating to the conduct of the arbitration not otherwise provided for in this
Agreement or in the Rules.
(o) In the event a party, having been given notice and opportunity, shall fail or shall
refuse to appear or participate in an arbitration hereunder or in any stage thereof,
the proceedings shall nevertheless be conducted to conclusion and final award. Any
award rendered under such circumstances shall be as valid and enforceable as if all
parties had appeared and participated fully at all stages.
(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.
Franchise Agreement (Ver 04-14-2025)
Franchisee: ___________
Franchisor: Christian Brothers Automotive Corporation
(q) It is the intent of the parties that the testimony of witnesses be subject to cross-
examination. It is agreed that the direct testimony of a witness may be submitted
by sworn affidavit, provided that such affiant be subject to cross-examination, and
that such affidavit be produced to all parties not less than ten (10) days before the
hearing or other proceeding in which the affidavit is submitted to the arbitrator(s).
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, the procedures followed in an arbitration, beyond what is specified in the franchise agreement, include directives issued by the arbitrators after consulting with both parties. Unless the parties come to a different agreement, these procedures involve the submission of briefs, the introduction of relevant documents, oral testimony from witnesses, and the opportunity for cross-examination. The process also includes oral arguments and the closure of proceedings, along with any other actions the arbitrator(s) deem appropriate for the arbitration.
The arbitrator(s) are responsible for regulating all aspects of the arbitration's conduct that are not already addressed in the franchise agreement or the established rules. Even if a party fails to appear or participate after receiving notice and an opportunity to do so, the arbitration will proceed to its conclusion, and any award rendered will be considered valid and enforceable as if all parties had fully participated.
Discovery in the arbitration process is limited and expedited, meaning standard discovery procedures used in court litigation do not apply. However, each party must produce relevant, non-privileged documents requested by the other party within the set time limits and as required by the arbitrator(s)' order. The arbitrator(s) will resolve any disputes related to discovery. Witnesses' testimony is subject to cross-examination, and direct testimony may be submitted via sworn affidavit, provided the affiant is available for cross-examination and the affidavit is provided to all parties at least ten days before the hearing. Strict rules of evidence do not apply, allowing parties to offer the evidence they consider relevant, which the arbitrator(s) will then consider.