What are the two potential arbitration associations that may be used for dispute resolution with Marble Slab Creamery?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Except for a claim with respect to: (a) ownership or use of Franchisor's trademarks, service marks, trade names, logos, symbols and other proprietary symbols, (b) enforcement of Section 9 hereof, or (c) monies owed by Applicant to Franchisor, any claim or controversy arising out of or related to this Agreement or the making, performance, or interpretation thereof will be conducted before and in accordance with (a) the then prevailing commercial rules of the American Arbitration Association ("AAA"), or at Franchisor's option, (b) the Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc. ("JAMS") (AAA and JAMS, as applicable are referred to below as the "Arbitration Association"). Applicant and Franchisor will each appoint one arbitrator from a list of arbitrators provided by the Arbitration Association, and those two arbitrators will appoint a third arbitrator from such list. The three arbitrators will determine facts, apply the Applicable Law, and award compensatory damages, but not punitive damages, which are hereby waived by Applicant and Franchisor. All arbitration proceedings will take place in the county in which Franchisor's headquarters is located. Each party to the arbitration will bear such party's own legal fees and expenses, and the fees and expenses of the Arbitration Association and the arbitrators will be paid by such party or parties as the arbitrators determine. The award made by the arbitrators will be binding and final on the parties to such proceedings, and will not be subject to
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, disputes can be resolved through arbitration. Specifically, any claim or controversy arising from the Franchise Agreement, except for issues related to Marble Slab Creamery's trademarks, enforcement of Section 9 of the agreement, or monies owed to Marble Slab Creamery, will be addressed through arbitration.
The arbitration process will follow the commercial rules of either the American Arbitration Association (AAA) or, at Marble Slab Creamery's discretion, the rules of Judicial Arbitration & Mediation Services, Inc. (JAMS). Both the franchisee and Marble Slab Creamery will each select an arbitrator from a list provided by the chosen Arbitration Association, and those two arbitrators will then appoint a third arbitrator from the same list.
The selected arbitrators are responsible for determining the facts, applying the relevant law, and awarding compensatory damages. However, punitive damages are explicitly waived by both the franchisee and Marble Slab Creamery. All arbitration proceedings will be held in the county where Marble Slab Creamery's headquarters is located. Each party will cover their own legal fees and expenses, while the fees and expenses of the Arbitration Association and the arbitrators will be allocated as determined by the arbitrators. The arbitration award is considered binding and final for all parties involved.