Common use of Procedure for Arbitration Clause in Contracts

Procedure for Arbitration. Except as provided in Section 7.02 below, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to the Employee's employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute, shall be settled by final and binding arbitration pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. The arbitrator shall be an experienced attorney with a background in employment law. An arbitral award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. The arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Appears in 3 contracts

Samples: Executive Employment Agreement (Ebenx Inc), Executive Employment Agreement (Ebenx Inc), Executive Employment Agreement (Ebenx Inc)

AutoNDA by SimpleDocs

Procedure for Arbitration. Except as provided in Section 7.02 below, ------------------------- any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to the Employee's employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute, shall be settled by final and binding arbitration pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. The arbitrator shall be an experienced attorney with a background in employment law. An arbitral award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. The arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Appears in 1 contract

Samples: Executive Employment Agreement (Ebenx Inc)

AutoNDA by SimpleDocs

Procedure for Arbitration. Except as provided in Section 7.02 below, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to the Employee's employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute, shall be settled by final and binding arbitration pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. The arbitrator shall be an experienced attorney with a background in employment lawlaw and who is familiar with the provisions in State of Minnesota law designed minority shareholder protections. Such provisions shall be weighted and considered in the arbitrator's resolution. An arbitral award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. The arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Appears in 1 contract

Samples: Employment Agreement (Ebenx Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.