What experience must the arbitrator have in franchise and distribution law for an Eos Worldwide arbitration?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties shall select one (1) arbitrator from the proposed list of neutral arbitrators provided by the AAA who has at least five (5) years' experience in franchise and distribution law. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have fifteen (15) days from the transmittal date of the proposed list in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the process of submitting lists shall continue until a suitable arbitrator is selected. In all aspects of conducting the arbitration and in rendering his or her decision, the arbitrator shall enforce and apply the substantive laws of the State of Delaware for interpretation of this Agreement, without regard to choice of law rules. The parties may conduct one (1) seven-hour discovery deposition of the opposing party. Any
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to Eos Worldwide's 2025 Franchise Disclosure Document, any dispute submitted to arbitration requires the selected arbitrator to have specific experience in franchise and distribution law. The arbitrator must have at least five years of experience in this legal area.
This requirement ensures that the arbitrator possesses a sufficient understanding of the complex legal and business issues that often arise in franchise disputes. Franchise law involves a unique set of regulations and contractual relationships, and experience in this field is crucial for fair and informed decision-making.
The selection process involves using a list of neutral arbitrators provided by the American Arbitration Association (AAA). Both parties have the opportunity to review the list, strike names they object to, and rank the remaining names in order of preference. If the parties cannot agree on an arbitrator, the AAA will continue submitting lists until a suitable arbitrator is selected. This process aims to find an arbitrator who is not only qualified but also acceptable to both parties, promoting a sense of fairness and impartiality in the arbitration process.