Common use of Injunctions to Enforce Arbitration and to Restrain Violations Pending Arbitration Clause in Contracts

Injunctions to Enforce Arbitration and to Restrain Violations Pending Arbitration. Notwithstanding the foregoing, either party may file a lawsuit to compel arbitration of disputes between the parties and to enjoin violations of this Agreement pending arbitration. Such lawsuit may be brought only in the Circuit Court of Monongalia County, West Virginia, or the United States District Court for the Northern District of West Virginia, and Employee and Employer hereby waive any right that they might have to challenge the selection of those forums, including but not limited to challenges to personal jurisdiction, venue, or the convenience of the forum. Specifically, by executing this Agreement, Employee and Employer agree, consent, and stipulate that, in any action to compel arbitration of a Covered Dispute or to enjoin violations of this Agreement pending arbitration: (i) the aforesaid courts have personal jurisdiction over Employee and Employer, (ii) venue is proper in those courts, and (iii) those courts provide a convenient forum for that action. To the maximum extent permitted by the law, the parties stipulate and agree that this provision supersedes any analysis of choice of laws. To the extent that a choice-of-laws analysis is required, the parties stipulate and agree that West Virginia and Federal law shall govern such analysis.

Injunctions to Enforce Arbitration and to Restrain Violations Pending Arbitration. Notwithstanding the foregoing, either party may file a lawsuit to compel arbitration of disputes between the parties and to enjoin violations of this Agreement pending arbitration. Such lawsuit may be brought only in the Circuit Court of Monongalia County, West Virginia, or the United States District Court for the Northern District of West Virginia, and Employee and Employer hereby waive any right that they might have to challenge the selection of those forums, including but not limited to challenges to personal jurisdiction, venue, or the convenience of the forum. Specifically, by executing this Agreement, Employee and Employer agree, consent, and stipulate that, in any action to compel arbitration of a Covered Dispute or to enjoin violations of this Agreement pending arbitration: (i) the aforesaid courts have personal jurisdiction over Employee and Employer, (ii) venue is proper in those courts, and (iii) those courts provide a convenient forum for that action; and (iv) neither the Employer nor the Employee shall be required to provide a bond or surety pursuant to West Virginia Code Section 53-5-9, and in the event such bond or such surety is required that the amount of such bond or such surety be as little as possible. To the maximum extent permitted by the law, the parties stipulate and agree that this provision supersedes any analysis of choice of laws. To the extent that a choice-of-laws analysis is required, the parties stipulate and agree that West Virginia and Federal law shall govern such analysis.