Page:United States Statutes at Large Volume 123.djvu/3241

123STA T . 3221 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9cover e dmanuf ac t urer ’s overa l l b us i ness p lan ,(3) t h e covered dealer - ship’s current economic viabilit y ,( 4 ) the covered dealership’s satis- faction of the performance ob j ectives established pursuant to the applicable franchise a g reement, ( 5 ) the demographic and geographic characteristics of the covered dealership’s mar k et territory, ( 6 ) the covered dealership’s performance in relation to the criteria used by the covered manufacturer to terminate, not rene w , not assume or not assign the covered dealership’s franchise agreement, and ( 7 ) the length of e x perience of the covered dealership .T he arbitrator shall issue a written determination no later than 7 business days after the arbitrator determines that case has been fully submitted. A t a minimum, the written determination shall include ( 1 ) a descrip- tion of the covered dealership, ( 2 ) a clear statement indicating whether the franchise agreement at issue is to be renewed, contin- ued, assigned or assumed by the covered manufacturer, (3) the key facts relied upon by the arbitrator in making the determination, and (4) an explanation of how the balance of economic interests supports the arbitrator’s determination. (e) The arbitrator shall be selected from the list of q ualified arbitrators maintained by the R egional O ffice of the American Arbitration Association (AAA), in the Region where the dealership is located, by mutual agreement of the covered dealership and covered manufacturer. I f agreement cannot be reached on a suitable arbitrator, the parties shall request AAA to select the arbitrator. There will be no depositions in the proceedings, and discovery shall be limited to requests for documents specific to the covered dealership. The parties shall be responsible for their own expenses, fees, and costs, and shall share equally all other costs associated with the arbitration, such as arbitrator fees, meeting room charges, and administrative costs. The arbitration shall be conducted in the S tate where the covered dealership is located. P arties will have the option of conducting arbitration electronically and tele- phonically, by mutual agreement of both parties. The arbitrator shall not award compensatory, punitive, or exemplary damages to any party. If the arbitrator finds in favor of a covered dealership, the covered manufacturer shall as soon as practicable, but not later than 7 business days after receipt of the arbitrator’s deter- mination, provide the dealer a customary and usual letter of intent to enter into a sales and service agreement. After executing the sales and service agreement and successfully completing the oper- ational prerequisites set forth therein, a covered dealership shall return to the covered manufacturer any financial compensation provided by the covered manufacturer in consideration of the cov- ered manufacturer’s initial determination to terminate, not renew, not assign or not assume the covered dealership’s applicable fran- chise agreement. (f) Any legally binding agreement resulting from a voluntary negotiation between a covered manufacturer and covered dealer- ship(s) shall not be considered inconsistent with this provision and any covered dealership that is a party to such agreement shall forfeit the right to arbitration established by this provision. (g) N otwithstanding the requirements of this provision, nothing herein shall prevent a covered manufacturer from lawfully termi- nating a covered dealership in accordance with applicable State law. Deadlin e .Co n tr a c t s . Deter m ination. Deadline.