Common use of Exclusive Forum Clause in Contracts

Exclusive Forum. Employee and Employer agree that arbitration shall be the exclusive forum for resolving all disputes arising out of or involving the Employee's employment with Employer or termination of that employment (except as provided otherwise herein); provided, however, that either party may file a request with a court of competent jurisdiction for equitable relief, including but not limited to injunctive relief, pending resolution of any dispute through the arbitration procedure set forth herein. Both Employee and Employer waive their constitutional right to have such matters determined by a jury. 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 the award itself may bring a separate action in a court of competent jurisdiction to set aside the award on grounds allowable under California law regulating arbitration. Nothing in this Agreement shall affect the ability of either party to seek appropriate interim injunctive relief pursuant to California Code of Civil Procedure before or while arbitration proceedings are pending. The parties retain all rights to enter into agreements regarding arbitration after any dispute has arisen.