Can Delta Hotels By Marriott consolidate arbitration proceedings with other proceedings?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
- C.
Any arbitration proceeding under this Agreement will be conducted on an individual (not a class-wide) basis and will not be consolidated with any other arbitration proceedings to which Franchisor is a party, except that Franchisor may join any current or former owner under an owner agreement related to the Hotel in any such proceeding.
Any Dispute to be settled by arbitration under this Section will at the request of any party to this Agreement be resolved in a single arbitration before a single tribunal together with any Dispute arising out of or relating to any other agreement between such parties or Franchisor's Affiliates.
Source: Item 11 — FINANCING OF THE HOTEL (FDD pages 259–279)
What This Means (2025 FDD)
According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, arbitration proceedings under the Owner Agreement will be conducted on an individual basis and will not be consolidated with other arbitration proceedings to which Delta Hotels By Marriott is a party. However, Delta Hotels By Marriott may join any current or former owner under an owner agreement related to the Hotel in any such proceeding.
Furthermore, any dispute to be settled by arbitration under the agreement may, at the request of any party, be resolved in a single arbitration before a single tribunal together with any dispute arising out of or relating to any other agreement between such parties or Delta Hotels By Marriott's Affiliates.
This means that while a franchisee cannot consolidate their arbitration with other franchisees, Delta Hotels By Marriott retains the right to consolidate disputes arising from different agreements with the same party into a single arbitration proceeding. This could streamline dispute resolution for Delta Hotels By Marriott, but franchisees should be aware that their disputes will be handled individually unless Delta Hotels By Marriott chooses to consolidate related matters.