How are arbitrators appointed for Delta Hotels By Marriott?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise agreed in this Agreement and for Claims for indemnification under Section 14 of the Franchise Agreement or actions for injunctive or other equitable relief under Section 12.4 of this Agreement, any disagreement, controversy, or Claim relating to or arising out of this Agreement, the relationship created by this Agreement, or the enforceability of this Agreement, including any question regarding its existence, validity, legality or termination, and any claim regarding a breach or enforcement of this Agreement (each, a "Dispute"), will be referred to, and finally settled by, arbitration under and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (or any similar successor rules).
The arbitrator(s) will be appointed in accordance with such rules.
The number of arbitrators will be one, unless the parties agree otherwise in accordance with such rules.
The place where arbitration proceedings will be conducted is Baltimore, Maryland.
Source: Item 11 — FINANCING OF THE HOTEL (FDD pages 259–279)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, any disagreement, controversy, or claim will be settled by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator or arbitrators will be appointed in accordance with these rules. Unless the parties agree otherwise, the number of arbitrators will be one, also following the rules of the American Arbitration Association. The location for arbitration proceedings is Baltimore, Maryland.
This means that if a Delta Hotels By Marriott franchisee has a dispute with the franchisor that cannot be resolved through other means, the dispute will be settled through arbitration. The specific process for selecting an arbitrator will be determined by the rules of the American Arbitration Association, which are not detailed in this document. Franchisees should familiarize themselves with these rules to understand their rights and responsibilities in the arbitration process.
It is important to note that any arbitration will be conducted on an individual basis and will not be part of a class-wide action, unless Delta Hotels By Marriott chooses to include other current or former owners in the proceeding. The decision made by the arbitrator will be final and binding. The arbitrator cannot modify the terms of the agreement but can award relief, including damages, interest, specific performance, and legal fees, but cannot award punitive, consequential, or exemplary damages, except those related to misuse of Delta Hotels By Marriott's intellectual property.