Sec. 9. Judicial and other remedies.

423 words·~2 min read·/il/chapter-815/act-720/9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the brewer or wholesaler who is a party to an agreement pursuant to this Act fails to comply with this Act or otherwise engages in conduct prohibited under this Act, the affected party may maintain a civil suit in court if the cause of action directly relates to or stems from the relationship of the individual parties under the agreement, provided that any such suit shall be filed in a State or federal court of competent jurisdiction located in Illinois.

In any legal action challenging any cancellation, termination, or failure to renew, the brewer has the burden of proving the existence of good cause if the wholesaler first makes a prima facie showing that good cause does not exist.

(2)A brewer or wholesaler may bring an action for declaratory judgment for determination of any controversy arising under this Act or out of the brewer and wholesaler relationship.

(3)Upon proper application to the court, a brewer or wholesaler may obtain injunctive relief against any violation of this Act.

(4)In any action under subsection

(1)the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this Act.

(5)The prevailing party in any action under subsection

(1)shall be entitled to

(i)actual damages,

(ii)all court or arbitration costs, and

(iii)attorneys' fees at the court's discretion.

(6)With respect to any dispute arising under this Act or out of the relationship between brewer and wholesaler, the wholesaler and the brewer each has the absolute right before it has agreed to arbitrate a particular dispute to refuse to arbitrate that particular dispute. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this State, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. A brewer may not, as a condition of entering into or renewing an agreement, require the wholesaler to agree to arbitration instead of judicial remedies.

(7)If there is a finding by an arbitrator or a court in a proceeding under this Section or under subsection (1.5) or

(2)of Section 7 that a party has not acted in good faith, an appropriate penalty shall be assessed by the arbitrator or the court against that party and, in addition, that party shall also be ordered to pay all court or arbitration costs and reasonable legal fees incurred by the other party in the proceeding.