7.1-3-25-10. Location of Arbitration Proceedings; General Provisions
Sec. 10. (a) The arbitration shall be conducted in the city within Indiana that: (1) is closest to the existing wholesaler; and (2) has a population of more than fifty thousand (50,000). (b) The arbitration shall be conducted before one (1) impartial arbitrator to be selected by the American Arbitration Association. The arbitration shall be […]
7.1-3-25-11. Monetary Award Only
Sec. 11. The arbitrator’s award must be monetary only and may not enjoin or compel conduct. The arbitration is instead of all other remedies and procedures. As added by P.L.224-2005, SEC.19.
7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding
Sec. 12. (a) The cost of the arbitrator and any other direct costs of the arbitration shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them. (b) The arbitrator shall render a decision not later than thirty (30) days after the conclusion of […]
7.1-3-25-13. Failure to Receive Compensation
Sec. 13. If the existing wholesaler does not receive payment of the compensation under section 7 or 11 of this chapter not later than thirty (30) days after the date of the settlement or arbitration award: (1) the existing wholesaler shall remain the distributor of the product in the existing wholesaler’s territory to at least […]
7.1-3-25-14. Good Faith Settlements Not Prohibited
Sec. 14. Nothing in this chapter shall be construed to limit or prohibit good faith settlements voluntarily entered into by the parties. As added by P.L.224-2005, SEC.19.
7.1-3-25-15. Not Applicable to Wholesaler’s Breach of Distribution Agreement
Sec. 15. Nothing in this chapter shall be construed to give the existing wholesaler or a successor wholesaler any right to compensation if the existing wholesaler or successor wholesaler is terminated by the primary source of supply or predecessor source supplier: (1) for failure to comply with any provision in the agreement to distribute the […]
7.1-3-25-5. Successor Requirements
Sec. 5. A successor: (1) who acquires the rights to manufacture or distribute an existing product; and (2) who: (A) does not reappoint the existing wholesaler to distribute the product; (B) reduces the existing wholesaler’s territory for the product; or (C) offers to compensate the existing wholesaler in an amount less than the fair market […]
7.1-3-25-6. Notice to Wholesaler of Change in Territory
Sec. 6. The successor shall notify the existing wholesaler of the successor’s intent not to appoint the existing wholesaler for all or a part of the existing wholesaler’s territory for the product not later than sixty (60) days after the closing of the transaction in which the successor acquires the product. The successor shall mail […]
7.1-3-25-7. Determination of Fair Market Value of Wholesaler’s Distribution Rights
Sec. 7. A successor’s designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler’s right: (1) to distribute the product in the existing wholesaler’s territory immediately before the successor acquired rights to the product under section 5 of this chapter; and (2) as determined in an arms length […]
7.1-3-25-8. Territory Continues Until Compensation Received
Sec. 8. The existing wholesaler shall continue to distribute the product until payment of the compensation agreed to under section 7 of this chapter or awarded under section 11 of this chapter is received. As added by P.L.224-2005, SEC.19.