Sec. 13. (a) As a condition precedent to asserting a counterclaim or a defense in an action brought by a seller against a buyer, the counterclaim or defense must be submitted to arbitration.

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Terms Used In Indiana Code 15-15-5-13

  • arbitration: refers to arbitration conducted under this chapter. See Indiana Code 15-15-5-4
  • buyer: means a buyer of:

    Indiana Code 15-15-5-5

  • commissioner: refers to the state seed commissioner. See Indiana Code 15-15-5-6
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • seller: refers to a seller of:

    Indiana Code 15-15-5-8

  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
     (b) Upon the buyer’s filing of a written notice of intention to assert a claim as a counterclaim or defense, accompanied by a copy of the buyer’s complaint in arbitration filed under section 18 of this chapter, the action brought by the seller shall be stayed and any applicable statute of limitations is tolled with respect to the claim until twenty (20) days after filing of the report of arbitration with the commissioner.

[Pre-2008 Recodification Citation: 15-4-11-10.]

As added by P.L.2-2008, SEC.6.

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