The ABA Forum on Franchising: Inside a Franchise Arbitration
Deep in the Heart of Franchising
Inside a Franchise Arbitration
What exactly happens in arbitration, and how do you decide whether arbitration is something you should recommend to your client? With all the recent discussion regarding the enforceability of franchise arbitration provisions, a basic understanding of what is involved in arbitration sometimes falls by the wayside. This program will present a window into how franchise arbitrations generally work and what it is like to be part of the arbitration process. The panel will discuss how arbitrators are chosen to decide a particular case, how the pleadings in arbitration differ from those in litigation, the type of discovery that is likely to be allowed, how the arbitration hearings are conducted, how long the case might take and how much the process will cost. The program will also consider whether the arbitration process can accommodate itself to cases presenting issues of different levels of complexity, what powers an arbitrator has with respect to third party witnesses, and to what extent an arbitrator's decision can be reviewed by a court.
Bethany L. Appleby
Richard L. Rosen
David L. Steinberg