(815 ILCS 720/9) (from Ch. 43, par. 309)
Sec. 9.
Judicial and other remedies.
(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.
(Source: P.A. 90-91, eff. 7-11-97; 90-655, eff. 7-30-98; 91-247, eff.
7-22-99.)
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