Who selects the third arbitrator for Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
If the Negotiating Teams fail to resolve the Dispute within the 30-day negotiation period set forth above, any party may notify the other party of such failure by delivery of a written notice (a "Final Dispute Notice").
Upon the giving or receipt of a Final Dispute Notice, any unresolved Dispute, including without limitation, any disagreement regarding the interpretation or the operation of this Agreement shall be determined by final and binding arbitration under the rules of the American Arbitration Association ("AAA").
The arbitration shall be conducted in the county in Florida in which we maintain our principal office, or such other mutually agreed upon location before a panel of three arbitrators.
One arbitrator shall be selected by each of the parties and the third arbitrator shall be selected by the two arbitrators designated by the parties.
The arbitrators shall have the authority to award to the prevailing party all of its reasonable costs and expenses identified in Section 9.5 above, including, without limitation, paralegal and attorneys' fees.
The arbitration award shall be final and binding on the parties, and judgment on the award may be entered in any court having jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go FDD, any disputes that cannot be resolved through negotiation will be settled by binding arbitration following the rules established by the American Arbitration Association. The arbitration will be held in the county in Florida where Floors To Go has its primary office, or at another mutually agreed upon location.
The arbitration panel will consist of three arbitrators. Floors To Go and the franchisee will each select one arbitrator.
The two arbitrators chosen by each party will then jointly select the third arbitrator to complete the panel. The arbitrators are empowered to award reasonable costs and expenses, including legal fees, to the prevailing party. The arbitration award is final and binding, and can be enforced in any court with jurisdiction.