Common use of Arbitration of Employment Disputes Clause in Contracts

Arbitration of Employment Disputes. All disputes or controversies arising out of the employment relationship between Employee and the Company, including claims by the Company against Employee, and claims by Employee against the Company, including but not limited to claims for wrongful termination; violations of Title VII of the Civil Rights Act of 1964, as amended; violations of the Americans with Disabilities Act of 1990; or claims for violations of any State law, rule or regulation regarding discrimination, harassment or other wrongful conduct, shall be decided by a single arbitrator in a final and binding arbitration administered by either the American Arbitration Association or the Judicial Arbitration and Mediation Service ("JAMS") to be conducted in Los Angeles, California, in accordance with their rules, guidelines and standards for employment arbitration. Notwithstanding anything in the rules of the body administering the arbitration, or applicable law to the contrary, each party to the arbitration shall be entitled to conduct sufficient discovery to adequately prepare its claims or defenses for arbitration, including access to essential documents and witnesses, to be determined by the arbitrator, subject to judicial review as allowed by law. The arbitrator shall have jurisdiction to decide his/her jurisdiction, any questions as to the arbitrability of such claims, whether an agreement to arbitrate exists, or whether an agreement to arbitrate covers the claims in question. The arbitrator shall have the authority to grant any and all rights, remedies and relief that would otherwise be available to the parties if the claims were brought in a court of law including punitive damages and shall have the authority to award the prevailing party reasonable attorneys' fees. The arbitrator shall issue a written award and arbitration decision that sets forth the arbitrator's findings of fact and conclusions of law upon which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The cost of arbitration (other than Employee's attorneys' fees and costs) shall be borne by the Company.

Appears in 7 contracts

Samples: Employment Agreement (Vans Inc), Employment Agreement (Vans Inc), Employment Agreement (Vans Inc)

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Arbitration of Employment Disputes. All disputes or controversies arising out of the employment relationship between Employee and the Company, including claims by the Company against Employee, and claims by Employee against the Company, including but not limited to claims for wrongful termination; violations of Title VII of the Civil Rights Act of 1964, as amended; violations of the Americans with Disabilities Act of 1990; or claims for violations of any State law, rule or regulation regarding discrimination, harassment or other wrongful conduct, shall be decided by a single an arbitrator in a final and binding arbitration administered by either the American Arbitration Association or the Judicial Arbitration and Mediation Service ("JAMSAAA") to be conducted in Los Angeles, California, in accordance with their its rules, guidelines and standards for employment arbitration. Notwithstanding anything in the rules of the body administering the arbitration, or applicable law to the contrary, each party to the arbitration shall be entitled to conduct sufficient discovery to adequately prepare its claims or defenses for arbitration, including access to essential documents and witnesses, to be determined by the arbitrator, subject to judicial review as allowed by law. The arbitrator shall have jurisdiction to decide his/her jurisdiction, any questions as to the arbitrability of such claims, whether an agreement to arbitrate exists, or whether an agreement to arbitrate covers the claims in question. The arbitrator shall have the authority to grant any and all rights, remedies and relief that would otherwise be available to the parties if the claims were brought in a court of law law, including punitive damages damages, and shall have the authority to award the prevailing party reasonable attorneys' fees. The arbitrator shall issue a written award and arbitration decision that sets forth the arbitrator's findings of fact and conclusions of law upon which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The cost of arbitration (other than Employee's attorneys' fees and costs) shall be borne by the Company. Each of us shall have the right, within 20 days after the issuance of an award by the arbitrator, to seek a review thereof by a second arbitrator who shall be appointed in accordance with the rules of the AAA, and such arbitrator shall have the authority to affirm or reverse and remand the award in accordance with the law and procedures applicable to appellate review by the California Court of Appeal of a civil judgment following a trial.

Appears in 4 contracts

Samples: Employment Agreement (Vans Inc), Employment Agreement (Vans Inc), Employment Agreement (Vans Inc)

Arbitration of Employment Disputes. All disputes or controversies arising out of the employment relationship between Employee and the Company, including claims by the Company against Employee, and claims by Employee against the Company, including but not limited to claims for wrongful termination; violations of Title VII of the Civil Rights Act of 1964, as amended; violations of the Americans with Disabilities Act of 1990; or claims for violations of any State law, rule or regulation regarding discrimination, harassment or other wrongful conduct, shall be decided by a single arbitrator panel of three (3) arbitrators in a final and binding arbitration administered by either the American Arbitration Association or the Judicial Arbitration and Mediation Service ("JAMS") to be conducted in Los Angeles, California, in accordance with their its rules, guidelines and standards for employment arbitration. Notwithstanding anything in the rules of the body administering the arbitration, or applicable law to the contrary, each party to the arbitration shall be entitled to conduct sufficient discovery to adequately prepare its claims or defenses for arbitration, including access to essential documents and witnesses, to be determined by the arbitratorarbitrators, subject to judicial review as allowed by law. The arbitrator arbitrators shall have jurisdiction to decide his/her jurisdiction, any questions as to the arbitrability of such claims, whether an agreement to arbitrate exists, or whether an agreement to arbitrate covers the claims in question. The arbitrator arbitrators shall have the authority to grant any and all rights, remedies and relief that would otherwise be available to the parties if the claims were brought in a court of law including punitive damages and shall have the authority to award the prevailing party reasonable attorneys' fees. The arbitrator arbitrators shall issue a written award and arbitration decision that sets forth the arbitrator's arbitrators' findings of fact and conclusions of law upon which the award is based. Judgment upon the award rendered by the arbitrator arbitrators may be entered in any court of competent jurisdiction. The cost of arbitration (other than Employee's attorneys' fees and costs) shall be borne by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Vans Inc), Employment Agreement (Vans Inc), Employment Agreement (Vans Inc)

Arbitration of Employment Disputes. All disputes or controversies arising out of the employment relationship between Employee and the Company, including claims by the Company against Employee, and claims by Employee against the Company, including but not limited to claims for wrongful termination; violations of Title VII of the Civil Rights Act of 1964, as amended; violations of the Americans with Disabilities Act of 1990; or claims for violations of any State law, rule or regulation regarding discrimination, harassment or other wrongful conduct, shall be decided by a single arbitrator in a final and binding arbitration administered by either the American Arbitration Association or the Judicial Arbitration and Mediation Service ("JAMS") to be conducted in Los Angeles, California, in accordance with their rules, guidelines and standards for employment arbitration. Notwithstanding anything in the rules of the body administering the arbitration, or applicable law to the contrary, each party to the arbitration shall be entitled to conduct sufficient discovery to adequately prepare its claims or defenses for arbitration, including access to essential documents and witnesses, to be determined by the arbitrator, subject to judicial review as allowed by law. The arbitrator shall have jurisdiction to decide his/her jurisdiction, any questions as to the arbitrability of such claims, whether an agreement to arbitrate exists, or whether an agreement to arbitrate covers the claims in question. The arbitrator shall have the authority to grant any and all rights, remedies and relief that would otherwise be available to the parties if the claims were brought in a court of law including punitive damages and shall have the authority to award the prevailing party reasonable attorneys' fees. The arbitrator shall issue a written award and arbitration decision that sets forth the arbitrator's findings of fact and conclusions of law upon which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The cost of arbitration (other than Employee's attorneys' fees and costs) shall be borne by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Vans Inc), Employment Agreement (Vans Inc)

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Arbitration of Employment Disputes. All disputes or controversies arising out of the employment relationship between Employee and the Company, including claims by the Company against Employee, and claims by Employee against the Company, including but not limited to claims for wrongful termination; violations of Title VII of the Civil Rights Act of 1964, as amended; violations of the Americans with Disabilities Act of 1990; or claims for violations of any State law, rule or regulation regarding discrimination, harassment or other wrongful conduct, shall be decided by a single arbitrator in a final and binding arbitration administered by either the American Arbitration Association or the Judicial Arbitration and Mediation Service ("JAMS") to be conducted in Los Angeles, California, in accordance with their rules, guidelines and standards for employment arbitration. Notwithstanding anything in the rules of the body administering the arbitration, or applicable law to the contrary, each party to the arbitration shall be entitled to conduct sufficient discovery to adequately prepare its claims or defenses for arbitration, including access to essential documents and witnesses, to be determined by the arbitrator, subject to judicial review as allowed by law. The arbitrator shall have jurisdiction to decide his/her jurisdiction, any questions as to the arbitrability of such claims, whether an agreement to arbitrate exists, or whether an agreement to arbitrate covers the claims in question. The arbitrator shall have the authority to grant any and all rights, remedies and relief that would otherwise be available to the parties if the claims were brought in a court of law including punitive damages and shall have the authority to award the prevailing party reasonable attorneys' fees. The arbitrator shall issue a written award and arbitration decision that sets forth the arbitrator's findings of fact and conclusions of law upon which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The cost of arbitration (other than Employee's attorneys' fees and costs) shall be borne by the Company.

Appears in 1 contract

Samples: Employment Agreement (Vans Inc)

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