How many arbitrators will there be for Delta Hotels By Marriott?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
The party bringing the arbitration will submit the following together with any demand or filing required by the American Arbitration Association: (1) a full and specific description of the claim under this Agreement including identifying the specific provisions that the other party has breached, (2) documentary evidence of the facts alleged by the complaining party, and (3) a declaration under penalty of perjury that all facts stated in the claim and documentation are true and correct and do not fail to state facts known to the complaining party that are material to the determination of the dispute.
- B.
The decision of the arbitral tribunal will be final and binding on the parties and will be enforceable in any courts having jurisdiction.
The arbitral tribunal will have no authority to amend or modify the terms of this Agreement.
The arbitral tribunal will have the right to award or include in its award any relief it deems proper, including money damages and interest on unpaid amounts, specific performance and legal fees and costs in accordance with this Agreement; however, the arbitral tribunal may not award punitive, consequential or exemplary damages (except for those related to misuse of Franchisor's Intellectual Property).
Source: Item 11 — FINANCING OF THE HOTEL (FDD pages 259–279)
What This Means (2025 FDD)
According to the 2025 FDD, disputes with Delta Hotels By Marriott will involve one arbitrator unless both parties agree to a different number based on the rules of the American Arbitration Association. The arbitrator selections will align with these rules. The arbitration proceedings will take place in Baltimore, Maryland.
Delta Hotels By Marriott requires the party initiating the arbitration to provide specific documentation. This includes a detailed claim description identifying the breached provisions, documentary evidence supporting the claim, and a declaration confirming the truthfulness of the presented facts under penalty of perjury.
The decision made by the arbitrator is final and legally binding. However, the arbitrator cannot change or modify the original agreement. The arbitrator can award various remedies, including monetary damages, interest on unpaid amounts, specific performance, and legal fees, but cannot award punitive, consequential, or exemplary damages, except in cases involving misuse of Delta Hotels By Marriott's intellectual property.