Two Hearts and Brewer/Distributor Conflicts

Abstract

This Article primarily focuses on the decision by Bell’s Brewery to cease shipping beer to all of its distributors in Virginia in protest of one distributor’s choice to sell itself (and, with it, the distribution rights to Bell’s beer) to a distributor Bell's disliked. Although Virginia is more generous than many states in allowing brewers any say at all in such a transfer of rights, Virginia’s beer franchise statute still very much favors the rights of distributors over brewers. The dispute, and the following rounds of administrative procedures and litigation, kept Bell's beer off shelves in Virginia for nearly two years.This Article examines the relational aspects created by beer franchise statutes that lead such conflicts.

Keywords: beer, law, dispute resolution, ADR, arbitration