ORS 646A.322 Remedies; arbitration; cause of action; attorney fees; injunctive relief

A party to a retailer agreement that is aggrieved by the conduct of another party to the agreement under ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320 may seek arbitration of the issues under ORS 36.600 to 36.740. Unless the parties agree to different arbitration rules, the arbitration must be conducted pursuant to the commercial arbitration rules of the American Arbitration Association. If the parties agree, the arbitration is the parties’ only remedy and the findings and conclusions of the arbitrator or panel of arbitrators are binding upon the parties.

The arbitrator or arbitrators may award the prevailing party:

The costs of witness fees and other fees in the case;

Reasonable attorney fees; and

Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.

Notwithstanding subsection (1) of this section, a retailer has a civil cause of action in circuit court against a supplier for damages sustained by the retailer as a consequence of the supplier’s violation of ORS 646A.310, 646A.312, 646A.314, 646A.316, 646A.318 or 646A.320, together with:

The actual costs of the action;

Reasonable attorney fees; and

Injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.

A supplier bears the burden of proving that a retailer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support the retailer. The supplier’s proof must be in writing.

The remedies set forth in this section are not exclusive and are in addition to any other remedies permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section.