Sec. 9. (a) The successor's designee and the existing wholesaler shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing wholesaler receives the notice under section 6 of this chapter, the successor's designee or the existing wholesaler may send a written notice to the:
(1) other party; and
(2) American Arbitration Association or its successor in interest;
declaring the party's intention to proceed with final and binding arbitration administered by the American Arbitration Association under the American Arbitration Association's Commercial Arbitration Rules.
(b) Notice of intent to arbitrate shall be sent, as provided in subsection (a), not later than thirty-five (35) days after the existing wholesaler receives notice under section 6 of this chapter. The arbitration proceedings shall conclude not later than forty-five (45) days after the date the notice of intent to arbitrate is mailed to a party.
As added by P.L.224-2005, SEC.19.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 25. Product Transfer Between Wholesalers
7.1-3-25-1. "Existing Wholesaler"
7.1-3-25-4. "Successor's Designee"
7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited
7.1-3-25-5. Successor Requirements
7.1-3-25-6. Notice to Wholesaler of Change in Territory
7.1-3-25-7. Determination of Fair Market Value of Wholesaler's Distribution Rights
7.1-3-25-8. Territory Continues Until Compensation Received
7.1-3-25-10. Location of Arbitration Proceedings; General Provisions
7.1-3-25-11. Monetary Award Only
7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding
7.1-3-25-13. Failure to Receive Compensation
7.1-3-25-14. Good Faith Settlements Not Prohibited
7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement