Who resolves a protest of arbitrability in a Crepe De Licious arbitration?

According to the 2025 Crepe De Licious Franchise Disclosure Document, any protest of arbitrability will be resolved by the arbitrator or by an appropriate court, if necessary. This means that if there is a disagreement about whether a particular dispute is subject to arbitration, the arbitrator assigned to the case will make the initial determination.

However, if the arbitrator's decision is challenged, or if the arbitrator feels it is outside of their expertise, the matter can be referred to an appropriate court for a final decision. This ensures that the question of whether a dispute should be arbitrated is properly decided by either an expert in arbitration or by the court system.

For a prospective Crepe De Licious franchisee, this clause provides a degree of protection. It prevents Crepe De Licious from forcing arbitration on matters that are clearly outside the scope of the arbitration agreement. It also allows for a legal challenge to an arbitrator's decision if there are concerns about its validity.