For Employment-Related Disputes. i. a party who wishes to arbitrate a Claim must prepare a written demand for arbitration ("Request for Arbitration") that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any office of the AAA; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date the Request for Arbitration is received by AAA shall constitute submission for all statute of limitation purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ (as defined below) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitrators; ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) to the Company - to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx Xxxx, Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) to Grantee - to the last home address that Grantee provided to the Company; iii. three arbitrators from the AAA with expertise in employment disputes ("Employment Law Arbitrators") shall be selected, and shall conduct the arbitration, pursuant to the then-current AAA's Employment Arbitration Rules and Procedures ("AAA Employment Rules"), without incorporation of AAA's Supplementary Rules for Class Arbitration, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "AAA Employment Arbitration Rules" using an internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt of the Request for Arbitration, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators shall only have the right to render decisions that are consistent with the substantive law of the State of Colorado, and any decision rendered by the Employment Law Arbitrators shall be subject to review by any court of competent jurisdiction. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado; iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties. At least thirty days before the final hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Employment Law Arbitrators may award any remedy available under applicable law, but remedies shall be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law Arbitrators. The Employment Law Arbitrators’ decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ decision and/or award may be entered in any court of competent jurisdiction; provided that, the parties agree to take all reasonable steps to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal; v. the Employment Law Arbitrators shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators shall resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court of competent jurisdiction. The Employment Law Arbitrators shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law; vi. the Employment Law Arbitrators shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and vii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) as is necessary to enforce, correct, modify or vacate the Employment Law Arbitrators’ award or decision; or (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings, the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal.
Appears in 4 contracts
Samples: Executive Officer Stock Option Agreement (Hughes Satellite Systems Corp), Stock Option Agreement (EchoStar CORP), Stock Option Agreement (EchoStar CORP)
For Employment-Related Disputes. i. a party who wishes to arbitrate a Claim must prepare a written demand for arbitration ("Request for Arbitration") that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any office of the AAA; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date the Request for Arbitration is received by AAA shall constitute submission for all statute of limitation purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ (as defined below) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitrators;
ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) to the Company - to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx Xxxx, Xxxxxxxxx, XX Xxxxxxxx, 00000, Attn: General Counsel; or (B) to Grantee - to the last home address that Grantee provided to the Company;
iii. three arbitrators from the AAA with expertise in employment disputes ("Employment Law Arbitrators") shall be selected, and shall conduct the arbitration, pursuant to the then-current AAA's Employment Arbitration Rules and Procedures ("AAA Employment Rules"), without incorporation of AAA's Supplementary Rules for Class Arbitration, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "AAA Employment Arbitration Rules" using an internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt of the Request for Arbitration, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators shall only have the right to render decisions that are consistent with the substantive law of the State of Colorado, and any decision rendered by the Employment Law Arbitrators shall be subject to review by any court of competent jurisdiction. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;
iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties. At least thirty days before the final hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Employment Law Arbitrators may award any remedy available under applicable law, but remedies shall be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law Arbitrators. The Employment Law Arbitrators’ decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ decision and/or award may be entered in any court of competent jurisdiction; provided that, the parties agree to take all reasonable steps to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal;
v. the Employment Law Arbitrators shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators shall resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court of competent jurisdiction. The Employment Law Arbitrators shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law;
vi. the Employment Law Arbitrators shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
vii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) as is necessary to enforce, correct, modify or vacate the Employment Law Arbitrators’ award or decision; or (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings, the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal.
Appears in 2 contracts
Samples: Restricted Stock Unit Agreement (Hughes Satellite Systems Corp), Restricted Stock Unit Agreement (EchoStar CORP)
For Employment-Related Disputes. i. (i) a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("“Request for Arbitration"”) that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's ’s website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Section 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Section 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitratorsarbitration;
(ii. ) the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - — to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) if to Grantee - — to the last home address that of Grantee provided to appearing in the Company;’s records; In accordance with DISH’s customary practice, restrictive covenants, including covenants not to compete, are updated from time to time when new options are granted. Eligible Employees may obtain an unredacted copy of the applicable stock option agreement(s) for the New Options by sending an e-mail to Xxxxx.Xxxxxxx@xxxx.xxx, which is the preferred method, or calling the Exchange Offer information line at 0-000-000-0000.
(iii. three arbitrators ) a single arbitrator from the AAA with expertise in employment disputes ("the “Employment Law Arbitrators"Arbitrator”) shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's ’s Employment Arbitration Rules and Mediation Procedures ("the “AAA Employment Rules"”), without incorporation of the AAA's ’s Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "“AAA Employment Arbitration Rules" ” using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including, without limitation, any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Section 6(c)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
(iv. ) the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Grantee’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Section 6(b)(iv) and/or Section 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;
v. (v) the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable lawthe substantive law of the State of Colorado, without giving effect to choice of law principles;
(vi. ) the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Section 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
(vii. ) all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadingspleadings and papers under seal); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.
Appears in 1 contract
For Employment-Related Disputes. i. a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("Request for Arbitration") that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000NJ 08043; or (C) using the AAA WebFile feature at the AAA's website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Subsection 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Subsection 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitrators;arbitration;
ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) if to Grantee - to the last home address that of Grantee provided to appearing in the Company;’s records;
iii. three arbitrators a single arbitrator from the AAA with expertise in employment disputes (the "Employment Law ArbitratorsArbitrator") shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's Employment Arbitration Rules and Mediation Procedures (the "AAA Employment Rules"), without incorporation of the AAA's Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "AAA Employment Arbitration Rules" using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including without limitation any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Subsection 6(b)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Grantee’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Subsection 6(b)(iv) and/or Subsection 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;;
v. i. the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law;the substantive law of the State of Colorado, without giving effect to choice of law principles;
viii. the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Subsection 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
viiiii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal.); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (DISH Network CORP)
For Employment-Related Disputes. i. a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("“Request for Arbitration"”) that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's ’s website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Section 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Section 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered arbitration; In accordance with the Company’s customary practice, restrictive covenants, including covenants not to compete, are updated from time to time when new options are granted. Eligible Employees may obtain an unredacted copy of the applicable stock option agreement(s) for the New Options by sending an e-mail to Xxxxx.Xxxxxxx@xxxx.xxx, which is the Employment Law Arbitrators;preferred method, or calling the Exchange Offer information line at 0-000-000-0000. 27 Applicable to New Options and Legacy DISH Eligible Options.
ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - — to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General CounselChief Legal Officer; or (B) if to Grantee - to the last home address that of Grantee provided to appearing in the Company;’s records;
iii. three arbitrators a single arbitrator from the AAA with expertise in employment disputes ("the “Employment Law Arbitrators"Arbitrator”) shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's ’s Employment Arbitration Rules and Mediation Procedures ("the “AAA Employment Rules"”), without incorporation of the AAA's ’s Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "“AAA Employment Arbitration Rules" ” using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including, without limitation, any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Section 6(c)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Xxxxxxx’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Section 6(b)(iv) and/or Section 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;
v. the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law;the substantive law of the State of Colorado, without giving effect to choice of law principles;
vi. the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Section 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
vii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal.); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.]28
Appears in 1 contract
For Employment-Related Disputes. i. (i) a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("“Request for Arbitration"”) that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's ’s website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Section 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Section 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitratorsarbitration;
(ii. ) the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - — to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) if to Grantee - — to the last home address that of Grantee provided to appearing in the Company’s records;
(iii. three arbitrators ) a single arbitrator from the AAA with expertise in employment disputes ("the “Employment Law Arbitrators"Arbitrator”) shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's ’s Employment Arbitration Rules and Mediation Procedures ("the “AAA Employment Rules"”), without incorporation of the AAA's ’s Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "“AAA Employment Arbitration Rules" ” using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including, without limitation, any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Section 6(c)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
(iv. ) the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Grantee’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Section 6(b)(iv) and/or Section 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;
v. (v) the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable lawthe substantive law of the State of Colorado, without giving effect to choice of law principles;
(vi. ) the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Section 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
(vii. ) all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadingspleadings and papers under seal); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (DISH Network CORP)
For Employment-Related Disputes. i. (i) a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("“Request for Arbitration"”) that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's ’s website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Section 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Section 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitratorsarbitration;
(ii. ) the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - — to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General CounselChief Legal Officer; or (B) if to Grantee - — to the last home address that of Grantee provided to appearing in the Company’s records;
(iii. three arbitrators ) a single arbitrator from the AAA with expertise in employment disputes ("the “Employment Law Arbitrators"Arbitrator”) shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's ’s Employment Arbitration Rules and Mediation Procedures ("the “AAA Employment Rules"”), without incorporation of the AAA's ’s Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "“AAA Employment Arbitration Rules" ” using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including, without limitation, any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Section 6(c)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
(iv. ) the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Xxxxxxx’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Section 6(b)(iv) and/or Section 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;
v. (v) the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable lawthe substantive law of the State of Colorado, without giving effect to choice of law principles;
(vi. ) the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Section 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
(vii. ) all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) as is necessary if the substantive law of the State of Colorado (without giving effect to enforce, correct, modify or vacate choice of law principles) provides to the Employment Law Arbitrators’ award or decisioncontrary; or (D) if applicable law provides to the contrary. In the event that either party initiates as is necessary in a court proceeding to enforce, correct, modify, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision, or any other proceeding that would require disclosing decision (and in the Employment Law Arbitrators’ award, decision or findingscase of this subpart (D), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal.); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.]10
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (EchoStar CORP)
For Employment-Related Disputes. i. (i) a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("“Request for Arbitration"”) that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000; or (C) using the AAA WebFile feature at the AAA's ’s website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Section 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Section 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitratorsarbitration;
(ii. ) the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - — to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) if to Grantee - — to the last home address that of Grantee provided to appearing in the Company’s records;
(iii. three arbitrators ) a single arbitrator from the AAA with expertise in employment disputes ("the “Employment Law Arbitrators"Arbitrator”) shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's ’s Employment Arbitration Rules and Mediation Procedures ("the “AAA Employment Rules"”), without incorporation of the AAA's ’s Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "“AAA Employment Arbitration Rules" ” using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including, without limitation, any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Section 6(c)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
(iv. ) the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Grantee’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Section 6(b)(iv) and/or Section 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;
v. (v) the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable lawthe substantive law of the State of Colorado, without giving effect to choice of law principles;
(vi. ) the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Section 6(e) of this Agreement, except with respect to the "Class Action Waiver" ; and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
(vii. ) all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadingspleadings and papers under seal); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (DISH Network CORP)
For Employment-Related Disputes. i. a party who wishes to arbitrate a Claim must prepare a written demand for arbitration ("Request for Arbitration") that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any office of the AAA; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000NJ 08043; or (C) using the AAA WebFile feature at the AAA's website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date the Request for Arbitration is received by AAA shall constitute submission for all statute of limitation purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ (as defined below) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitrators;
ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) to the Company - to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx Xxxx, Xxxxxxxxx, XX Xxxxxxxx, 00000, Attn: General Counsel; or (B) to Grantee - to the last home address that Grantee provided to the Company;
iii. three arbitrators from the AAA with expertise in employment disputes ("Employment Law Arbitrators") shall be selected, and shall conduct the arbitration, pursuant to the then-current AAA's Employment Arbitration Rules and Procedures ("AAA Employment Rules"), without incorporation of AAA's Supplementary Rules for Class Arbitration, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "AAA Employment Arbitration Rules" using an internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt of the Request for Arbitration, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators shall only have the right to render decisions that are consistent with the substantive law of the State of Colorado, and any decision rendered by the Employment Law Arbitrators shall be subject to review by any court of competent jurisdiction. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;
iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties. At least thirty days before the final hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Employment Law Arbitrators may award any remedy available under applicable law, but remedies shall be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law Arbitrators. The Employment Law Arbitrators’ decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ decision and/or award may be entered in any court of competent jurisdiction; provided that, the parties agree to take all reasonable steps to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal;
v. the Employment Law Arbitrators shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators shall resolve all disputes regarding the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court of competent jurisdiction. The Employment Law Arbitrators shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law;
vi. the Employment Law Arbitrators shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
vii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) as is necessary to enforce, correct, modify or vacate the Employment Law Arbitrators’ award or decision; or (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings, the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadings, filings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, and papers under seal.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Hughes Satellite Systems Corp)
For Employment-Related Disputes.
i. a party who wishes to arbitrate a an Employment-Related Dispute Claim must prepare a written demand for arbitration ("Request for Arbitration") that identifies the claims asserted, the factual basis for each claim and the relief and/or remedy sought. That party must file the Request for Arbitration (along with a copy of this Agreement and the applicable filing fee) with the AAA by: (A) delivering them by hand to any the Denver, Colorado regional office of the AAAAAA or any other office of the AAA located in the State of Colorado; (B) mailing them by certified U.S. mail, Federal Express or United Parcel Service to American Arbitration Association, Case Filing Services, 0000 Xxxxxx Xxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000NJ 08043; or (C) using the AAA WebFile feature at the AAA's website: xxxx://xxx.xxx.xxx. The Request for Arbitration must be submitted to the AAA before the expiration of the applicable statute of limitations and the parties agree that the date on which the AAA receives the Request for Arbitration is received by AAA shall constitute submission filing for all statute of limitation limitations purposes. Unless otherwise prohibited by law, the party initiating arbitration shall be responsible for paying an initial filing fee of $200 or an amount equal to the applicable filing fee had fee. Subject to Subsection 7(v) of this Agreement, the claim been brought in a court of competent jurisdiction, whichever is less. The Company will pay the Employment Law Arbitrators’ Arbitrator’s (as defined belowin Subsection 6(b)(iii) of this Agreement) fees and any fee for administering the arbitration unless otherwise ordered by the Employment Law Arbitrators;arbitration;
ii. the party initiating arbitration must deliver a copy of the Request for Arbitration to the other party by hand or certified U.S. mail at the following location: (A) if to the Company - to the legal department of the Company at 000 Xxxxxxxxx Xxxxxxx 0000 X. Xxxxxxxx Xxxx., Xxxxxxxxx, XX 00000, Attn: General Counsel; or (B) if to Grantee - to the last home address that of Grantee provided to appearing in the Company;’s records;
iii. three arbitrators a single arbitrator from the AAA with expertise in employment disputes (the "Employment Law ArbitratorsArbitrator") shall be selected, selected by the AAA and shall conduct the arbitration, arbitration pursuant to the then-current AAA's Employment Arbitration Rules and Mediation Procedures (the "AAA Employment Rules"), without incorporation of the AAA's Supplementary Rules for Class ArbitrationArbitrations, the AAA rules relating to the selection of arbitrators, or the AAA rules regarding selection of venue, which the parties hereby expressly disclaim. The AAA Employment Rules may be found at xxxx://xxx.xxx.xxx/, by searching for "AAA Employment Arbitration Rules" using an internet Internet search engine such as xxx.xxxxxx.xxx, or by requesting a copy from the human resources department of the Company. Within fourteen (14) days after the receipt The arbitration, including without limitation any construction or interpretation of the Request for Arbitrationthis Agreement, each party shall select one arbitrator from the AAA with expertise in employment law to act as arbitrator and such arbitrators shall select the third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. In the event that the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be governed by and construed in accordance with the substantive law of the State of Colorado, without giving effect to choice of law principles. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Rules, the AAA Commercial Rules (as defined in Subsection 6(b)(iii) of this Agreement), any other AAA rule and/or procedure and/or any applicable law, the Employment Law Arbitrators Arbitrator shall only have the right power to render decisions that are consistent with the substantive law of the State of Colorado, without giving effect to choice of law principles, and any decision rendered by the Employment Law Arbitrators Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such decision is consistent with such substantive law and for any court other reason for which judicial review of competent jurisdictionan arbitration decision or award is permissible under the AAA rules, the Federal Arbitration Act or other applicable law; any decision rendered by the Employment Law Arbitrator that is inconsistent with such substantive law shall be deemed beyond the authority of the Employment Law Arbitrator. Regardless of what the AAA Employment Rules state, the arbitration proceedings shall be held in the City and County of Denver, Colorado;. Grantee hereby irrevocably waives any and all objections that Grantee may now or hereafter have to the venue of the arbitration, or any court proceeding brought to determine whether a decision rendered by the Employment Law Arbitrator is consistent with the substantive law of the State of Colorado, including, without limitation, any claim that the arbitration or any such court proceeding has been brought in an inconvenient forum;
iv. the parties shall have the right to conduct discovery relevant and material to the outcome of the arbitration and to present witnesses and evidence as needed to present their claims and defenses, and the Employment Law Arbitrators Arbitrator shall resolve any discovery or evidentiary dispute. Each party shall have the right to subpoena relevant witnesses and documents, including, without limitation, documents from third parties; subpoenas may be issued for production of documents or witnesses at any deposition(s) or pre-hearing proceeding(s) and/or at the arbitration hearing. At least thirty (30) days before the final arbitration hearing, the parties must exchange a list of witnesses and copies of all exhibits to be used at the arbitration hearing. The Notwithstanding anything to the contrary in this Agreement, the AAA Employment Law Arbitrators may award Rules, the AAA Commercial Rules, any remedy available under other AAA rule and/or procedure and/or any applicable law, but the Employment Law Arbitrator shall only have the power to award remedies available under the substantive law of the State of Colorado, without giving effect to choice of law principles, and the availability of any such remedies shall further be limited to those that would be available to a party in his/her/its individual capacity for all Claims presented to the Employment Law ArbitratorsArbitrator (for the avoidance of doubt and without limitation of the foregoing, Grantee may not bring a class arbitration and is not entitled to remedies for Grantee’s Claims on behalf of any other person or entity and/or that are available to plaintiffs in a class action but not available to individual or non-class action plaintiffs). The Any remedy awarded by the Employment Law Arbitrators’ Arbitrator shall be subject to review by the United States District Court for the District of Colorado or the appropriate state court located in the City and County of Denver, Colorado for the purpose of determining whether such remedy is consistent with such substantive law and complies with the limitations set forth above; any decision by the Employment Law Arbitrator that is inconsistent with such substantive law and/or fails to comply with such limitations shall be deemed beyond the authority of the Employment Law Arbitrator. Except as otherwise provided in this Subsection 6(b)(iv) and/or Subsection 6(b)(iii) of this Agreement, the Employment Law Arbitrator’s decision shall be final and binding, and judgment upon the Employment Law Arbitrators’ Arbitrator’s decision and/or award may be entered in any court of competent jurisdiction; provided that, that the parties agree to take all reasonable steps to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal;;
v. i. the Employment Law Arbitrators Arbitrator shall have the authority to hear and decide dispositive motions under the legal standards set forth in Rules 12 and 56 of the Colorado Rules of Civil Procedure, regardless of whether a Claim arises under federal or state law. The Employment Law Arbitrators Arbitrator shall resolve all disputes regarding such dispositive motions and the timeliness or propriety of the Request for Arbitration and apply the statute of limitations that would have applied if a Claim had been brought in a court set forth under the substantive law of competent jurisdictionthe State of Colorado, without giving effect to choice of law principles. The Employment Law Arbitrators Arbitrator shall dismiss, without limitation, any Claim that, in the absence of this Agreement, could not be brought under applicable law;the substantive law of the State of Colorado, without giving effect to choice of law principles;
viii. the Employment Law Arbitrators Arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretationEmployment-Related Disputes, applicability, enforceability, or formation except as limited by Subsection 6(e) of this Agreement, except with respect to the "Class Action Waiver" and "Representative Action Waiver" described below. Regardless of what this Agreement and/or the AAA Employment Rules state, any dispute as to the interpretation, applicability, enforceability or formation of the Class Action Waiver and the Representative Action Waiver may only be determined by a court of competent jurisdiction and not by the Employment Law Arbitrators; and
viiiii. all arbitration proceedings, including, but not limited to, claims, allegations, decisions, findings, pleadings, hearings, testimony, discovery, settlements, opinions and awards shall be confidential, except: (A) to the extent the parties otherwise agree in writing; (B) as may be otherwise appropriate in response to a request from a government agency, subpoena, or legal process; (C) if the substantive law of the State of Colorado (without giving effect to choice of law principles) provides to the contrary; or (D) as is necessary in a court proceeding to enforce, correct, modify or vacate the Employment Law Arbitrators’ Arbitrator’s award or decision; or decision (and in the case of this subpart (D) if applicable law provides to the contrary. In the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrators’ award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrators’ award, decision or findings), the parties agree to take all reasonable steps consistent with applicable law to ensure that all pleadingsdocuments, filings pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings, pleadings and papers under seal.); provided, however, in the event that either party initiates a court proceeding to enforce, correct, modify, or vacate the Employment Law Arbitrator’s award or decision, or any other proceeding that would require disclosing the Employment Law Arbitrator’s award, decision or findings, the parties agree to take all reasonable steps to ensure that all documents, pleadings and papers are filed and/or entered with the court under seal and/or in a manner that would maintain their confidentiality, including, without limitation, complying with all rules of procedure and local rules for filing documents, pleadings and papers under seal.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (DISH Network CORP)
