Can the arbitrator modify the time schedule for a Crepe De Licious arbitration?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties will use due diligence to meet the foregoing time schedule, and the arbitrator will have the right to impose appropriate sanctions against any party who fails to comply with the agreed-upon time schedule.
The arbitrator will use his best efforts to comply with the foregoing time schedule, but may unilaterally modify it if, in his opinion, modification is necessary for a proper and just resolution of the dispute.
The parties may jointly modify the agreed-upon time schedule, subject to the arbitrator's approval.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the arbitrator has the authority to modify the arbitration time schedule. While both parties are expected to diligently adhere to the agreed-upon schedule, the arbitrator can unilaterally change it if deemed necessary for a fair resolution. However, the parties can also jointly modify the schedule, but this is subject to the arbitrator's approval.
This flexibility is important for prospective Crepe De Licious franchisees because it acknowledges that unforeseen circumstances may arise during arbitration. The arbitrator's ability to adjust the schedule ensures that the process can adapt to these situations, potentially leading to a more just outcome.
It is also worth noting that the arbitrator can impose sanctions on any party that fails to comply with the agreed-upon time schedule. This provision encourages both parties to take the arbitration process seriously and to meet deadlines. The arbitrator's decision is binding, further emphasizing the importance of adhering to the established procedures and timelines, unless a modification is approved.