LD 1688
pg. 1
LD 1688 Title Page An Act to Amend the Personal Sports Mobile Franchise Law Page 2 of 2
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LR 1485
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 10 MRSA §1244, sub-§3 is enacted to read:

 
3.__Arbitration.__In an action brought under this section, the
Superior Court shall refer the matter for arbitration in
accordance with the Uniform Arbitration Act under one arbitrator
appointed by the court, subject to the following provisions.

 
A.__The cost of arbitration must be equally divided among
the parties.

 
B.__The arbitrator shall hold a hearing within 6 months of
the date of filing the complaint.

 
C.__The arbitrator shall issue a decision within 30 days of
the hearing.__The decision must be in writing and contain
findings of fact and a determination of the issue of whether
there is good cause for not permitting the proposed new
personal sports mobile dealership.

 
D.__The court shall enter judgment for the party that
prevails at arbitration within 30 days of the date of the
arbitrator's decision unless a party files a written
objection to the entry of judgment setting forth the grounds
for the objection.

 
E.__If a party objects to entry of judgment based upon the
arbitrator's decision and the party that prevailed at
arbitration also prevails in any further litigation, the
prevailing party is entitled to collect attorney's fees and
all other costs of litigation from the party or parties that
objected to the entry of the arbitrator's decision.

 
Sec. 2. 10 MRSA §1250-F, sub-§1, as amended by PL 1997, c. 717, §5, is
further amended to read:

 
1. Civil remedies. Any personal sports mobile dealer or
franchisee who has been damaged by reason of a violation of a
provision of this chapter may bring an action to enjoin that
violation and to recover any damages arising from that violation.
A franchisee or personal sports mobile dealer who suffers
financial loss of money or property, real or personal, or who has
otherwise been adversely affected as a result of an unfair method
of competition, an unfair or deceptive act or a violation of a
provision of this chapter may bring an action for damages and
equitable relief, including injunctive relief.__When the


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