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 […]
7.1-3-25-10. 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.
7.1-3-25-1. “Existing Wholesaler”
Sec. 1. As used in this chapter, “existing wholesaler” means a beer wholesaler who distributes a product at the time a successor primary source of supply acquires rights to a product under section 5 of this chapter. As added by P.L.224-2005, SEC.19.
7.1-3-25-2. “Product”
Sec. 2. As used in this chapter, “product” means an existing brand of: (1) beer (as defined in IC 7.1-1-3-6); or (2) flavored malt beverage (as defined in IC 7.1-1-3-16.7). As added by P.L.224-2005, SEC.19.
7.1-3-25-3. “Successor”
Sec. 3. As used in this chapter, “successor” means a primary source of supply that acquires rights to a product under section 5 of this chapter. As added by P.L.224-2005, SEC.19.
7.1-3-25-4. “Successor’s Designee”
Sec. 4. As used in this chapter, “successor’s designee” means one (1) or more beer wholesalers designated by a successor to replace the existing wholesaler, for all or part of the existing wholesaler’s territory, in the distribution of the existing product. As added by P.L.224-2005, SEC.19.