(a) Arbitration panel. Matters expressly made arbitrable under this article or a franchise agreement are subject to the Maryland Uniform Arbitration Act and shall be determined by an arbitrator appointed by the Information Technology Officer and the franchisee. If the Information Technology Officer and the franchisee cannot agree on an arbitrator, then the Information Technology Officer shall choose one arbitrator, and the franchisee shall choose a second arbitrator within ten days after notice of the officer's selection. The first two arbitrators shall choose a third arbitrator. If the first two arbitrators fail to agree on a third arbitrator, either or both shall apply to the American Arbitration Association or its successor organization to name the third arbitrator. These three arbitrators shall act by majority vote. Unless the majority of the panel agrees otherwise, the third arbitrator shall be the presiding officer.
(b) Costs. Each party shall bear the expenses of its own representation before the arbitration panel. Unless otherwise provided in this article, the expenses of the arbitration shall be borne as determined by the arbitration panel in its award or finding.
(c) Decision binding. In the absence of fraud or collusion, the determination of a majority of the arbitration panel is binding on the parties without recourse to the courts, except as provided by the rules of the American Arbitration Association or State law. The arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.
(Bill No. 54-06)