Sec. 13. (a) As a condition precedent to asserting a counterclaim or a defense in an action brought by a seller against a buyer, the counterclaim or defense must be submitted to arbitration.
(b) Upon the buyer's filing of a written notice of intention to assert a claim as a counterclaim or defense, accompanied by a copy of the buyer's complaint in arbitration filed under section 18 of this chapter, the action brought by the seller shall be stayed and any applicable statute of limitations is tolled with respect to the claim until twenty (20) days after filing of the report of arbitration with the commissioner.
[Pre-2008 Recodification Citation: 15-4-11-10.]
As added by P.L.2-2008, SEC.6.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 5. Indiana Seed Arbitration Council
15-15-5-1. Applicability of Chapter; Notice
15-15-5-2. Uniform Arbitration Act; Applicability
15-15-5-3. "Agricultural or Vegetable Seeds"
15-15-5-9. Indiana Seed Arbitration Council Established
15-15-5-11. Authority of Council; Investigations; Hearings; Subpoenas
15-15-5-12. Conditions Precedent to Civil Suit; Tolling of Limitations
15-15-5-13. Counterclaims or Defenses; Notice
15-15-5-14. Binding Effect of Arbitration Report
15-15-5-15. Absence of Agreement to Be Bound by Arbitration; Presentation of Post Report Claims
15-15-5-16. Report of Arbitration as Evidence in Subsequent Litigation
15-15-5-17. Filing Arbitration Claim; Filing Fee; Time of Complaint
15-15-5-18. Answer to Complaint; Filing Fee
15-15-5-19. Investigation; Payment of Costs; Disposition of Payments
15-15-5-20. Council Investigation of Complaint
15-15-5-21. Report of Findings
15-15-5-22. Council Report; Contents
15-15-5-23. Delegation of Investigation
15-15-5-24. Confidentiality of Trade Secrets and Proprietary Information
15-15-5-25. Per Diem and Travel Expenses
15-15-5-26. Transmission of Report to Parties
15-15-5-27. Settlement Recommendation; Acceptance or Rejection of Recommendation