State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-28 > 59-1-358

§ 59.1-358. Remedies.

A. Jurisdiction to hear and determine cases and controversies arising underprovisions of this chapter shall be in the circuit court of the city orcounty wherein the dealer has its principal place of business in Virginia.The court may grant equitable relief as is necessary to remedy the effects ofconduct which it finds to exist and which is prohibited under this chapter,including, but not limited to, declaratory judgment and injunctive relief.

B. In addition to any other remedies available at law or in equity, if asupplier has attempted or accomplished an annulment, cancellation,termination or refused to continue or renew an agreement without good causeor withheld or delayed consent in violation of § 59.1-354 or § 59.1-356, thenthe dealer shall be entitled to recover losses and damages, both general andspecial, proximately resulting therefrom, together with the cost of theaction and reasonable legal fees. Such damages shall include compensation forthe value of the agreement and the good will of the dealer's business, ifany, arising therefrom.

C. Nothing contained herein shall bar the right of an agreement to providefor binding arbitration of disputes. Any such arbitration shall be consistentwith the provisions of this chapter and Chapter 21 (§ 8.01-577 et seq.) ofTitle 8.01, and the place of any such arbitration shall be in the city orcounty in which the dealer maintains his principal place of business inVirginia.

D. No supplier may cancel, terminate or refuse to continue to renew anagreement during the 120-day period set forth in § 59.1-355 or during thependency of litigation or arbitration with respect thereto except under theconditions set forth in subsection D of § 59.1-355.

(1988, c. 73.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-28 > 59-1-358

§ 59.1-358. Remedies.

A. Jurisdiction to hear and determine cases and controversies arising underprovisions of this chapter shall be in the circuit court of the city orcounty wherein the dealer has its principal place of business in Virginia.The court may grant equitable relief as is necessary to remedy the effects ofconduct which it finds to exist and which is prohibited under this chapter,including, but not limited to, declaratory judgment and injunctive relief.

B. In addition to any other remedies available at law or in equity, if asupplier has attempted or accomplished an annulment, cancellation,termination or refused to continue or renew an agreement without good causeor withheld or delayed consent in violation of § 59.1-354 or § 59.1-356, thenthe dealer shall be entitled to recover losses and damages, both general andspecial, proximately resulting therefrom, together with the cost of theaction and reasonable legal fees. Such damages shall include compensation forthe value of the agreement and the good will of the dealer's business, ifany, arising therefrom.

C. Nothing contained herein shall bar the right of an agreement to providefor binding arbitration of disputes. Any such arbitration shall be consistentwith the provisions of this chapter and Chapter 21 (§ 8.01-577 et seq.) ofTitle 8.01, and the place of any such arbitration shall be in the city orcounty in which the dealer maintains his principal place of business inVirginia.

D. No supplier may cancel, terminate or refuse to continue to renew anagreement during the 120-day period set forth in § 59.1-355 or during thependency of litigation or arbitration with respect thereto except under theconditions set forth in subsection D of § 59.1-355.

(1988, c. 73.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-28 > 59-1-358

§ 59.1-358. Remedies.

A. Jurisdiction to hear and determine cases and controversies arising underprovisions of this chapter shall be in the circuit court of the city orcounty wherein the dealer has its principal place of business in Virginia.The court may grant equitable relief as is necessary to remedy the effects ofconduct which it finds to exist and which is prohibited under this chapter,including, but not limited to, declaratory judgment and injunctive relief.

B. In addition to any other remedies available at law or in equity, if asupplier has attempted or accomplished an annulment, cancellation,termination or refused to continue or renew an agreement without good causeor withheld or delayed consent in violation of § 59.1-354 or § 59.1-356, thenthe dealer shall be entitled to recover losses and damages, both general andspecial, proximately resulting therefrom, together with the cost of theaction and reasonable legal fees. Such damages shall include compensation forthe value of the agreement and the good will of the dealer's business, ifany, arising therefrom.

C. Nothing contained herein shall bar the right of an agreement to providefor binding arbitration of disputes. Any such arbitration shall be consistentwith the provisions of this chapter and Chapter 21 (§ 8.01-577 et seq.) ofTitle 8.01, and the place of any such arbitration shall be in the city orcounty in which the dealer maintains his principal place of business inVirginia.

D. No supplier may cancel, terminate or refuse to continue to renew anagreement during the 120-day period set forth in § 59.1-355 or during thependency of litigation or arbitration with respect thereto except under theconditions set forth in subsection D of § 59.1-355.

(1988, c. 73.)