ARBITRATION

Sometimes the parties may have provided in their franchise documents that disputes will be submitted to private, confidential and binding arbitration. Arbitration offers the parties an opportunity to select a decision-maker with specific experience in franchising resulting in a cost-effective, quick and efficient process with the ability to exclude certain matters or issues from the arbitration process. The arbitration agreement can be customized and specify the use of rules and procedures utilized by specific alternate dispute organizations and limit the grounds of appeal. By utilizing arbitration the parties can avoid publicity of the dispute and obtain a confidential binding decision.

All provinces in Canada have enacted arbitration statutes (usually called the Arbitration Act) which govern the conduct of arbitrations, the jurisdiction and role of the arbitrator, appeal rights and other matters. The parties can stipulate the mechanism for selecting the arbitrator or arbitrators, the location of the arbitration, the governing law, and the procedure to be followed. Ideally, the arbitrator will have considerable background and experience in franchising, and at the same time be trained in arbitration procedures and have the ability to conduct an impartial hearing and deliver a reasoned opinion based on the facts and the law.

Frank has the experience, understanding and training to act as an effective and practical arbitrator of franchise disputes. Frank was involved in his legal practice with some of the most prominent franchise disputes and understood the likelihood of probable decisions which guided him in assisting his clients. He has participated in and conducted franchise arbitrations, often making procedural rulings to facilitate the process.