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

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Terms Used In Indiana Code 7.1-3-25-9

  • 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. See Indiana Code 7.1-3-25-1
  • successor: means a primary source of supply that acquires rights to a product under section 5 of this chapter. See Indiana Code 7.1-3-25-3
(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.