Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“Arbitrator”). The arbitration shall take place at the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 6 contracts
Samples: Employment Agreement (Saxon Capital Inc), Employment Agreement (Saxon Capital Inc), Employment Agreement (Saxon Capital Inc)
Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"J-A-M-S") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth state in which the arbitration is convened (the "Arbitrator"). If J-A-M-S no longer exists, then the American Arbitration Association shall be substituted therefor for purposes of Virginia (“Arbitrator”)this Section 20. The arbitration shall take place at in or near the Company’s headquarters city in Richmond, Virginiawhich Employee is or was last employed by Employer. The Arbitrator shall be selected as follows. The AAA J-A-M-S shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J-A-M-S shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Texas Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Texas Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in a court as provided in Section 20 of this Agreement to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action (other than as required by applicable law) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 5 contracts
Samples: Employment Agreement (Mission Critical Software Inc), Employment Agreement (Mission Critical Software Inc), Employment Agreement (Mission Critical Software Inc)
Arbitration Procedures. The Company parties agree to abide by the employment rules and Executive agree that, except procedures as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of set forth by the American Arbitration Association (“AAA”) before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“Arbitrator”)Association. The arbitration shall take place at the Company’s headquarters in RichmondSanta Xxxxx County, VirginiaCalifornia. The Arbitrator arbitrator shall be selected as follows. The AAA party seeking to arbitrate the dispute shall give each party request a list of eleven (11) seven arbitrators drawn from its panel of labor-management dispute arbitratorsthe American Arbitration Association, said arbitrators to be knowledgeable and experienced in handling employment law matters. Each party may strike all names on shall take turns striking one name from the list it deems unacceptable. If only one common name remains on the lists of all partieslist, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one name remains. The party who did not initiate seeking to arbitrate the claim shall strike first. If no common the first name remains on from the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selectedlist. The Arbitrator arbitrator shall apply the substantive law (and the law of remedies, if applicable) all applicable remedies of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) claims asserted. The Federal Rules of Evidence shall apply. The Arbitratorarbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve over any dispute relating to the interpretation, applicability, enforceability enforceability, formation or formation breach of this Agreement, including but not limited to any claim that any or all or any part of this the Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions motion under the Federal Rules of Civil Procedure. Either party, at its expense, may The parties shall have the right to arrange for and pay share the cost of a court reporter to provide a stenographic record recording of the arbitration proceedings. Either party, upon request at At the close of the arbitration hearing, the parties shall be given leave have the right to file a prepare and submit post-hearing briefbriefs. The time for filing such a brief shall be set by the Arbitratorarbitrator. The Arbitrator Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, the parties agree that they will not initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. Adaptec shall render an pay for all fees and costs of the arbitrator as well as for the cost of the hearing room. Each party shall pay for its own costs and attorneys’ fees, if any, incurred in connection with the arbitration. However, if any party prevails on a statutory claim which affords the prevailing party attorneys’ fees, the arbitrator may award and opinion in reasonable attorneys’ fees to the form typically rendered in labor arbitrationsprevailing party. This Agreement to arbitrate shall survive the termination of Employee’s employment. This is the complete agreement of the parties on the subject of arbitrating disputes.
Appears in 5 contracts
Samples: Employment Agreement (Adaptec Inc), Employment Agreement (Adaptec Inc), Employment Agreement (Adaptec Inc)
Arbitration Procedures. The Company parties agree to abide by the employment rules and Executive agree that, except procedures as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of set forth by the American Arbitration Association (“AAA”) before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“Arbitrator”)Association. The arbitration shall take place at the Company’s headquarters in RichmondSanta Xxxxx County, VirginiaCalifornia. The Arbitrator arbitrator shall be selected as follows. The AAA party seeking to arbitrate the dispute shall give each party request a list of eleven (11) seven arbitrators drawn from its panel of labor-management dispute arbitratorsthe American Arbitration Association, said arbitrators to be knowledgeable and experienced in handling employment law matters. Each party may strike all names on shall take turns striking one name from the list it deems unacceptable. If only one common name remains on the lists of all partieslist, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one name remains. The party who did not initiate seeking to arbitrate the claim shall strike first. If no common the first name remains on from the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selectedlist. The Arbitrator arbitrator shall apply the substantive law (and the law of remedies, if applicable) all applicable remedies of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) claims asserted. The Federal Rules of Evidence shall apply. The Arbitratorarbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve over any dispute relating to the interpretation, applicability, enforceability enforceability, formation or formation breach of this Agreement, including but not limited to any claim that any or all or any part of this the Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions motion under the Federal Rules of Civil Procedure. Either party, at its expense, may The parties shall have the right to arrange for and pay share the cost of a court reporter to provide a stenographic record recording of the arbitration proceedings. Either party, upon request at At the close of the arbitration hearing, the parties shall be given leave have the right to file a prepare and submit post-hearing briefbriefs. The time for filing such a brief shall be set by the Arbitratorarbitrator. The Arbitrator Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, the parties agree that they will not initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. Adaptec shall render an pay for all fees and costs of the arbitrator as well as for the cost of the hearing room. Each party shall pay for its own costs and attorneys' fees, if any, incurred in connection with the arbitration. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, the arbitrator may award and opinion in reasonable attorneys' fees to the form typically rendered in labor arbitrationsprevailing party. This Agreement to arbitrate shall survive the termination of Employee's employment. This is the complete agreement of the parties on the subject of arbitrating disputes.
Appears in 4 contracts
Samples: Executive Employment Agreement (Adaptec Inc), Employment Agreement (Adaptec Inc), Employment Agreement (Adaptec Inc)
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 4 contracts
Samples: Employment Agreement (Fay Leslie Co Inc), Employment Agreement (Pomerantz John J), Employment Agreement (Fay Leslie Co Inc)
Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“"Arbitrator”"). The arbitration shall take place at the Company’s 's headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing posthearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. ARBITRATION FEES AND COSTS The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. JUDICIAL REVIEW Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. INTERSTATE COMMERCE Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerce.
Appears in 3 contracts
Samples: Employment Agreement (Saxon Capital Inc), Employment Agreement (Saxon Capital Inc), Employment Agreement (Saxon Capital Inc)
Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall will be in accordance with held under the then-current Model Employment Arbitration Procedures auspices of the American Arbitration Association (“AAA”) before in the City of St. Petersburg, Florida. Catalina and you agree that, except as provided in this Agreement, the arbitration will be in accordance with the AAA’s National Rules for Resolution of Employment Disputes (or other then-current employment arbitration procedures). The arbitrator will be either a retired judge, or an Arbitrator who is attorney licensed to practice law in Florida and will have demonstrated experience and expertise in executive compensation matters (the Commonwealth of Virginia (“Arbitrator”). The arbitration shall take place at the Company’s headquarters in Richmond, Virginia. The Arbitrator shall will be selected as follows. The AAA shall sponsoring organization will give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management employment dispute arbitrators. Each party may strike eliminate all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall will be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike will eliminate names alternately from the list of common names until only one remains. The party who did not initiate the claim shall strike will eliminate first. If no common name remains exists on the lists of all parties, the AAA shall sponsoring organization will furnish an additional list or and the process will be repeated. If no arbitrator has been selected after two lists have been distributed, then the parties will eliminate alternately from a third list, with the party initiating the claim eliminating first, until only one name remains. That person will be designated as the Arbitrator is selectedArbitrator. The Arbitrator shall will apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. If the parties’ dispute concerns a contract in which the parties have included a choice of law provision, the Arbitrator will apply the law as designated by the parties. The Federal Rules Arbitrator is without jurisdiction to apply any different substantive law, or law of Evidence shall applyremedies. The Arbitrator, and not any federal, state, or local court or agency, shall have has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall will be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have has jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person person, as the Arbitrator deems necessary. The Arbitrator shall have has the authority to entertain hear and adjudicate a motion to dismiss and/or a motion for summary judgment by any party and shall will apply the standards governing such the motions under the Federal Rules of Civil Procedure. Either party, at its expense, party may arrange for and pay the cost of obtain a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall will be given leave allowed to file a post-hearing brief. The time for filing such a the brief shall will be set by the Arbitrator. The Arbitrator shall will render an a written, reasoned award and opinion in the form typically rendered in labor arbitrationssetting forth the Arbitrator’s findings and conclusions.
Appears in 3 contracts
Samples: Severance Agreement (Catalina Marketing Corp/De), Severance Agreement (Catalina Marketing Corp/De), Severance Agreement (Catalina Marketing Corp/De)
Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“"Arbitrator”"). The arbitration shall take place at the Company’s 's headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 2 contracts
Samples: Employment Agreement (Saxon Capital Inc), Employment Agreement (Saxon Capital Inc)
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich.the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems or he deem unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief Cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 2 contracts
Samples: Employment Agreement (Fay Leslie Companies Inc), Employment Agreement (Fay Leslie Companies Inc)
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) AAA before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it or he deems unacceptable. If only one common name remains on the lists of all both parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all both parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all both parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 29(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief Cause pursuant to Section 11(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 13 hereof.
Appears in 2 contracts
Samples: Employment Agreement (Fay Leslie Co Inc), Employment Agreement (Fay Leslie Co Inc)
Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"J-A-M-S") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth state in which the arbitration is convened (the "Arbitrator"). If J-A-M- S no longer exists, then the American Arbitration Association shall be substituted therefor for purposes of Virginia (“Arbitrator”)this Section 20. The arbitration shall take place at in or near the Company’s headquarters city in Richmond, Virginiawhich Employee is or was last employed by Employer. The Arbitrator shall be selected as follows. The AAA J-A-M-S shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J-A-M-S shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Texas Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Texas Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in a court as provided in Section 20 of this Agreement to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action (other than as required by applicable law) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 1 contract
Samples: Employment Agreement (Mission Critical Software Inc)
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich.the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 1 contract
Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, that any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rule of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"JoAoMoS") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at the Company’s headquarters in RichmondHouston, VirginiaTexas. The Arbitrator shall be selected as follows. The AAA : JoAoMoS shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists list of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists list of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists list of all parties, the AAA JoAoMoS shall furnish an additional list or lists until the an Arbitrator is selected. If, after four (4) lists, the parties have not agreed on an Arbitrator, JoAoMoS shall appoint one from a fifth list. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) , of the state in which the claim aroseof Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone , except for errors of law or as otherwise provided in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedurethis Agreement. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either partyparty may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, upon request at both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action in any way related to any claim covered by this Agreement other than an administrative charge of discrimination such as with the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the ArbitratorEqual Employment Opportunity Commission (EEOC) or other federal or state commission or agency. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 1 contract
Arbitration Procedures. The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth State of Virginia New York (“the Arbitrator”). The arbitration shall take place at in the Company’s headquarters in RichmondCounty of New York, VirginiaNew York. The Arbitrator shall be selected as follows. : The AAA shall give each party a list of eleven (11) 5 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party side may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) assertedNew York. The Federal New York Rules of Of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules rules of Civil Procedure. 23 Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administration action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrations.
Appears in 1 contract
Samples: Employment Agreement (Nyfix Inc)
Arbitration Procedures. The Company and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association and Mediation Services, Inc. (“AAAJ.A.M.S.”) before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth State of Virginia California or is a retired judge (“the Arbitrator”). The arbitration shall take place at in or near the city in which the Employee is or was last employed by the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA : J.A.M.S. shall give each party the parties a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitratorsArbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J.A.M.S. shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of California, or federal law, or both, as applicable to the claim(s) asserted. The Federal California Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 1 contract
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondthe Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief Cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 1 contract
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and -14- binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 1 contract
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) AAA before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it or he deems unacceptable. If only one common name remains on the lists of all both parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all both parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all both parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 29(b)(ii), which decision shall be final and binding upon the parties. In the event that the Arbitrator decides that Material Insubordination has (x) occurred, then the Executive's employment shall be deemed to have been terminated for Cause pursuant to Section 11(a) hereof or (y) not occurred, then the Executive's employment shall be deemed to have been terminated without Cause pursuant to Section 13 hereof.
(iv) The Arbitrator shall have jurisdiction to hear and rule on pre-hearing prehearing disputes and is authorized to hold pre-hearing prehearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. .
(v) Either party, at his or its expense, may arrange for and pay the cost costs of a court reporter to provide a stenographic record report of proceedings. .
(vi) Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator.
(vii) Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Section 29. Except as otherwise provided in this Section 29, both the Corporation and the Executive agree that neither such party shall initiate or prosecute any lawsuit or administrative action in any way related to any Dispute covered by this Section 29.
(viii) The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.
Appears in 1 contract
Arbitration Procedures. (i) The Company Corporation and the Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-then current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at in or near the Company’s headquarters city in Richmondwhich.the Executive is or was last employed by the Corporation.
(ii) Upon designation as a Dispute, Virginia. The Arbitrator shall be selected as follows. The the AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party The Corporation and the Executive may strike all names on the list which it deems or she deem unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately alternatively until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists and the parties shall alternate striking names on such second list until the Arbitrator an arbitrator is selected. .
(iii) The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) the State of the state in which the claim arose, or federal law, or both, as New York applicable to contracts made and to be performed wholly in that state (without giving effect to the claim(s) assertedprinciples thereof relating to conflicts of law). The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability applicability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidablethe term "Cause". The arbitration Arbitrator shall render a decision within thirty (30) days of the date upon which the Arbitrator is selected pursuant to Section 25(b)(ii), which decision shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as In the event that the Arbitrator deems necessary. The Arbitrator shall have decides that Material Insubordination has (x) occurred, then the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, Executive's employment shall be given leave deemed to file a post-hearing brief. The time have been terminated for filing such a brief Cause pursuant to Section 9(a) hereof or (y) not occurred, then the Executive's employment shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrationsdeemed to have been terminated without Cause pursuant to Section 10(b) hereof.
Appears in 1 contract