32B-14-402 (Effective 07/01/11) - Judicial remedies.
32B-14-402 (Effective 07/01/11). Judicial remedies.
(1) A supplier or wholesaler who is a party to a distributorship agreement may maintain acivil action against the supplier or wholesaler in a court of competent jurisdiction in the county inwhich the wholesaler's principal place of business is located if:
(a) the supplier or wholesaler violates this chapter; or
(b) (i) the supplier and wholesaler are not able to mutually agree on reasonablecompensation under Section 32B-14-401; and
(ii) the parties do not agree to submit the matter to arbitration in accordance with Section32B-14-401 before or within 20 days following service of process on the electing party in thecivil action.
(2) (a) The prevailing party in an action under Subsection (1) shall recover:
(i) actual damages, including the value of the wholesaler's business as specified inSection 32B-14-401 if applicable; and
(ii) reasonable attorney fees and court costs.
(b) In addition to the amount awarded under Subsection (2)(a), the court may grant suchrelief in law or equity as the court determines to be necessary or appropriate considering thepurposes of this chapter.
(3) If either party elects arbitration under Subsection (1)(b)(ii) following service ofprocess, the civil action is stayed pending a decision by the arbitration panel.
Enacted by Chapter 276, 2010 General Session