§ 3-13-11 - Civil actions.
SECTION 3-13-11
§ 3-13-11 Civil actions. – (a) If a supplier or wholesaler who is a party to an agreement pursuant to§ 3-13-5(6) fails to comply with this chapter or otherwise engages inconduct prohibited under this chapter, the affected party may maintain a civilaction in the superior court in the county in which the wholesaler's principalplace of business or residence is located.
(b) In any action under this section, the court may grant anyequitable relief that the court determines is necessary or appropriateconsidering the purposes of this chapter, to remedy the effects of any failureto comply with this chapter or the effect of conduct prohibited under thischapter.
(c) The prevailing party in any action under this section isentitled to actual damages as defined in § 3-13-7, plus interest and costs.
(d) To the extent the parties by agreement specify thatdisputes arising out of the supplier-wholesaler relationship shall be resolvedby arbitration, that procedure shall be the exclusive remedy and may becompelled by either party upon proper application under the law of this state.An affected party may maintain a civil action in the superior court to enforcethe provisions of § 3-13-7(c), notwithstanding any pending arbitrationproceedings.