§ 180:6 — Judicial Remedies

I. If the brewer or wholesale distributor fails to comply with this chapter, the affected party may maintain a civil action in a court of competent jurisdiction, provided, however, that to the extent the parties by agreement specify that disputes arising out of the brewer-wholesale distributor relationship shall be resolved by arbitration, such procedure shall be exclusive and may be compelled by either party upon proper application. Any agreement to resolve a dispute by arbitration may only be entered after a bona fide dispute has arisen out of the brewer-wholesaler relationship, and no beverage manufacturer, brew pub, or beverage vendor may impose binding arbitration of any issue as a term or condition of its beverage distributor's agreement with a wholesaler distributor or require that the arbitration be conducted outside of this state or be governed by other than the law of this state, except with respect to conflict of laws.
II. In any action brought pursuant to paragraph I the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this chapter.
III. The prevailing party in any action under paragraph I shall be entitled to actual damages as provided in this chapter, including reasonable attorneys' fees and as specified in RSA 180:5, I.

Legislative History

1990, 255:1. 2003, 231:48, eff. July 1, 2003.