110 HR 7076 IH: Alcohol Franchise Contract Arbitration U.S. House of Representatives 2008-09-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 7076 IN THE HOUSE OF REPRESENTATIVES September 25, 2008 Mr. Space (for himself and Mr. Turner) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To resolve the alcohol beverage franchise dispute resolution process.
1.
Short title
This Act may be cited as the Alcohol Franchise Contract Arbitration Fairness Act of 2008.
2.
Voluntary arbitration of alcoholic beverage franchise disputes
(a)
Election of arbitration
(1)
Definitions
For purposes of this subsection— (A)the term alcoholic beverage has the meaning given such term in section 203 of the Federal Alcohol Administration Act (27 U.S.C. 214); and (B)the term alcoholic beverage franchise contract means a contract under which an alcoholic beverage manufacturer, importer, or distributor sells alcoholic beverages to any other person for resale to an ultimate purchaser. (2)
Consent required
Notwithstanding any other provision of law, whenever an alcoholic beverage franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to such contract, arbitration may be used to settle such controversy only if after such controversy arises all parties to such controversy consent in writing to use arbitration to settle such controversy. (3)
Explanation required
Notwithstanding any other provision of law, whenever arbitration is elected to settle a dispute under an alcoholic beverage franchise contract, the arbitrator shall be bound to follow the applicable law and provide the parties to such contract with a written explanation of the factual and legal basis for the award. (b)
Application
Subsection (a) shall apply to contracts entered into, amended, altered, modified, renewed, or extended after October 1, 2008.