What rules of evidence are applied during Cinch I.T. franchise arbitration?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
mmercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes), as amended (and specifically including the Optional Rules). If such Rules are in any way contrary to or in conflict with this Agreement, the terms of this Agreement shall control. The Arbitrator shall apply the Federal Rules of Civil Procedure and the Federal Rules of Evidence to the extent possible while, in Arbitrator's discretion, still effecting the arbitration goal of streamlined administrative procedure.
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, the arbitrator is required to apply the Federal Rules of Civil Procedure and the Federal Rules of Evidence during arbitration to the extent possible. However, the arbitrator has the discretion to streamline administrative procedures while still adhering to these rules. This means that while the formal rules of evidence and procedure generally apply, the arbitrator can make adjustments to ensure the arbitration remains efficient.
Additionally, the laws of the Commonwealth of Massachusetts govern the construction and interpretation of the franchise agreement during arbitration. This is important for franchisees to understand, as the legal framework of Massachusetts will be used to interpret the agreement, regardless of where the franchisee's business is located.
If there are any conflicts between the AAA's Commercial Arbitration Rules and Mediation Procedures and the Cinch I.T. franchise agreement, the terms of the franchise agreement will take precedence. This highlights the importance of carefully reviewing the franchise agreement to understand how disputes will be resolved and what rules will govern the process.