What is the deadline for conducting the arbitration hearing after a demand for arbitration is made for a Deck Medic franchise?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
In connection with binding arbitration, you agree that:
- (i) All matters relating to arbitration, will be governed by the United States Federal Arbitration Act, except as expressly or otherwise set forth in this Agreement;
- (ii) The arbitration hearing shall be conducted within 180 days of the demand for arbitration;
- (iii) The arbitrator shall render written findings of fact and conclusions of law;
- (iv) Except as may be otherwise required and/or prohibited by this Agreement, the arbitrator has the right to award or include in his or her award any relief that he or she determines to be proper, including monetary damages, interest on unpaid sums, specific performance, injunctive relief, attorneys' fees, and costs and expenses as allowable under this Agreement. Notwithstanding the foregoing, under no circumstance shall the Arbitrator be authorized to award or declare the Licensed Marks to be generic or invalid; and
- (v) Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the arbitration hearing must be conducted within 180 days of the demand for arbitration. This means that once a franchisee initiates the arbitration process, the hearing itself should take place within this timeframe.
This requirement ensures a relatively prompt resolution to disputes, preventing them from dragging on for extended periods. For a prospective Deck Medic franchisee, this offers a degree of assurance that any conflicts will be addressed in a timely manner.
It is important to note that while the hearing must occur within 180 days, this does not necessarily mean the entire arbitration process will be completed within that time. The arbitrator still needs to render a decision, and there may be other procedural steps involved. However, setting a deadline for the hearing itself helps to expedite the overall process.