Does the Crisp & Green FDD specify if the arbitrator must be a lawyer?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in Franchise | Summary | |
|---|---|---|---|
| or Other Agreement | |||
| u. Dispute resolution by arbitration or mediation | Section 18.05 – Franchise Agreement and Section 9 – Area Development Agreement | Except for claims for injunctive relief, we make seek against you, all disputes must be arbitrated in the city closest to our corporate headquarters (currently Wayzata, MN). Subject to applicable state law. | |
| v. Choice of forum | Section 18.07 – Franchise Agreement and Section 9 – Area Development Agreement | Subject to applicable state law, disputes must be arbitrated or litigated in the city closest to our corporate headquarters (currently Wayzata, MN). | |
| w. Choice of law | Section 18.08 – Franchise Agreement and Section 9 – Area Development Agreement | Subject to applicable state law, Minnesota law applies, provided that the Minnesota Franchise Act and other franchise-specific laws and regulations of the State of Minnesota generally do not apply to Restaurants located outside of Minnesota. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 52–57)
What This Means (2024 FDD)
The 2024-2025 Crisp & Green FDD outlines dispute resolution procedures, indicating that disputes, except for claims seeking injunctive relief, must be arbitrated in the city closest to Crisp & Green's corporate headquarters, which is currently Wayzata, MN. This is subject to applicable state law. The FDD also specifies that disputes must be arbitrated or litigated in the same location, again subject to state law. Minnesota law applies to these proceedings, although the Minnesota Franchise Act and other franchise-specific laws may not apply to restaurants outside Minnesota.
However, the FDD does not specify whether the arbitrator involved in dispute resolution needs to be a lawyer. This detail is not explicitly addressed in the provided excerpts.
A prospective Crisp & Green franchisee should seek clarification from the franchisor regarding the qualifications and required expertise of the arbitrator. Understanding whether the arbitrator is required to have legal training or specific industry experience is crucial for assessing the fairness and competence of the arbitration process. This information would help a franchisee better prepare for potential dispute resolution scenarios and ensure they are adequately represented.
It is common practice in franchising to have experienced arbitrators, but the specific requirements can vary. Therefore, direct inquiry is essential to fully understand Crisp & Green's specific requirements.