(1)(a) Any party to a retailer agreement aggrieved by the conduct of the other party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration shall be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration shall be the partiesí only remedy and the findings and conclusions of the arbitrator or panel of arbitrators shall be binding upon both parties.
(b) The arbitrator or arbitrators may award the prevailing party:
(A) The costs of witness fees and other fees in the case;
(B) Reasonable attorney fees; and
(C) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(2) Notwithstanding subsection (1) of this section, any retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplierís violation of ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320, together with:
(a) The actual costs of the action;
(b) Reasonable attorney fees; and
(c) Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.
(3) A supplier bears the burden of proving that a retailerís area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplierís proof must be in writing.
(4) The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [Formerly 646.459]
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Last modified: August 7, 2008