Common use of Submission to Jurisdiction and Arbitration Clause in Contracts

Submission to Jurisdiction and Arbitration. The Parties agree that they will submit any dispute arising under this Agreement or in connection with Executive’s Employment to arbitration before the American Arbitration Association (“AAA”), as follows: (a) The Executive and the Company agree that the Federal Arbitration Act (“FAA”) applies and that arbitrations shall be decided in accordance with Illinois state or federal law, as applicable to each claim. The Federal Rules of Evidence will apply. (b) The Parties agree that the arbitration hearing will take place in Chicago, Illinois and must occur within one hundred twenty (120) days of a party making a demand for arbitration, unless otherwise agreed to by the Parties. (c) Arbitration shall be conducted in accordance with the American Arbitration Association Employment Arbitration Rules (“AAA Rules”). The parties shall use one arbitrator for each case, who will be selected under the AAA Rules. Claims may be submitted electronically through AAA’s website (xxx.xxx.xxx) and shall use its claim form. (d) Each party may be represented by an attorney at any arbitration covered by this Agreement. Each party will pay its own attorneys’ fees, although the arbitrator may permit the prevailing party to recover attorneys’ fees and costs to the extent permitted by applicable law. (e) The arbitrator will have the authority to consider and grant motions resolving all or part of any claim, using the standards under the Federal Rules of Civil Procedure; this includes motions to dismiss and/or motions for summary judgment. The arbitrator will also have the authority to allow discovery in accordance with the AAA Rules. (f) The arbitrator will require the parties to identify their witnesses and exhibits in advance of any evidentiary hearing; will permit cross-examination of each witness presented; and will allow for post-hearing briefs if requested by either the Complainant or the Company. The arbitrator will render an award in writing, setting forth the reasons supporting his/her decision. That decision will be final and binding, except for any appeal permitted by the FAA. (g) The arbitration as well as any appeal of the arbitration decision will be confidential. Neither party may provide pleadings or disclose information about the dispute to anyone who is not a party to the dispute, except in response to a court order, subpoena or other valid legal process. (h) Notwithstanding this agreement to arbitrate, either party may file a claim in the State or Federal Court in Xxxx County, Illinois for the limited purpose of seeking emergency injunctive relief in aid of arbitration to pursuant to Rule 38 of the AAA Rules.