Arbitrable Claims definition
Arbitrable Claims refers to any claim, controversy or dispute arising out of or relating to the Employee’s employment with the Company and the termination thereof, including, but not limited to, claims arising from or related to this Agreement or the breach thereof, or claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment) based upon any federal, state, or local ordinance, statute, regulation or constitutional provision. Notwithstanding the foregoing provisions of this Section 8.12, either party may seek injunctive relief from a court of competent jurisdiction located in Philadelphia County, Pennsylvania, in the event of a breach or threatened breach of any covenant contained in the EIACNA.
Arbitrable Claims shall have the meaning specified in Section 12.1 hereof.
Arbitrable Claims. Any and all disputes or claims by either Party related to the Employee’s application for employment, the Employee’s employment and/or the Employee’s separation shall be submitted to binding arbitration including, but not limited to, any claims for discrimination, harassment or retaliation under California’s Fair Employment & Housing Act, Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967, The Family Medical Leave Act, The California Family Rights Act, The Older Workers’ Benefit Protection Act, The Employee Retirement Income Security Act, The Americans With Disabilities Act and/or the California Labor Code; any claims for unpaid wages, unreimbursed business expenses, meal period violations and/or rest period violations under The Fair Labor Standards Act, the California Labor Code and/or California’s Industrial Welfare Commission Wage Orders; and any other employment-related claims under federal or state statutory or common law. However, any claims for workers’ compensation or unemployment benefits are expressly excluded from this Agreement.
Examples of Arbitrable Claims in a sentence
Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims.
All disputes involving Arbitrable Claims shall be decided by a single arbitrator.
The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.
Arbitrable Claims shall include, but are not limited to, contract (express or implied) and tort claims of all kinds, as well as all claims based on any federal, state, or local law, statute, or regulation, excepting only claims under applicable workers’ compensation law and unemployment insurance claims.
The mediation process shall continue until the earliest to occur of the following: (i) the Arbitrable Claims are resolved, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) thirty (30) days have elapsed since the Arbitrable Claim was first scheduled for mediation.
More Definitions of Arbitrable Claims
Arbitrable Claims has the meaning set forth in Section 9.14.
Arbitrable Claims means those matters described in Article III, Section (a) below.
Arbitrable Claims has the meaning set forth in Section 6.5.
Arbitrable Claims are disputes arising out of or relating to this Agreement, including its breach, termination or validity, and disputes in any way relating to Executive’s employment or termination of his employment with the Company. By way of example only, this includes claims under common law and under local, state and federal statutory authority, such as the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and the Family and Medical Leave Act. The arbitrator’s decision shall be final and binding upon the parties and those who may have derivative claims through the parties, and shall be entitled to enforcement in any court of competent jurisdiction. Unless a controlling law or court decision provides otherwise, the costs and expenses of the arbitrator shall be shared equally by the parties. This arbitration procedure does not prohibit the Company and the Day Group from filing an action in court for injunctive relief for breach or threatened breach of the Executive’s obligations regarding non-competition, confidentiality, or other matters involving the Day Group’s proprietary interests.
Arbitrable Claims. Any legal controversy arising out of the interpretation or application of the Agreement or relating to Executive’s employment at or termination from the Company or any other manner of Executive’s relationship with the Company (including disputes which do not relate to Executive’s employment at or termination there from), including, but not limited to, any claims, whether past, present, or prospective, arising under federal, state or local employment discrimination or labor statutes, such as Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Fair Labor Standards Act, Executive Retirement Income Security Act, the New York State Executive Law, the New York State Human Rights Law, the New York Labor Law, the New York City Human Rights Law, the California Fair Employment and Housing Act; the California Labor Code; common law (e.g., breach of contract, defamation, privacy and tort claims), individual claims under state private attorneys general laws (e.g., California Private Attorneys General Act, California Labor Code §§ 2698, et seq); and similar laws, rules and regulations (hereinafter “Arbitrable Claims”), shall be resolved by binding arbitration. Claims by the Company for injunctive relief involving Executive’s use of Confidential Information, trade secrets or breach of any of the restrictive covenants set forth in Sections 5 and 6 of the Agreement may either be arbitrated or brought in court at the Company’s option. Except as provided in this Agreement, the Federal Arbitration Act (“FAA”) shall govern the interpretation, enforcement and all proceedings pursuant to this Agreement. To the extent that the FAA is inapplicable, the arbitration law of the state in which I work or last worked for the Company shall apply.
Arbitrable Claims means any claims, disputes, controversies, demands, causes of action (whether arising under state or federal statutes, equity, the common law or any other applicable Law), damages, claims or demands for equitable relief, other matters in question between or among Seller, the Seller Shareholders and Buyer under this Agreement or arising out of the negotiation, execution, delivery (including the fraudulent inducement thereof), or performance of this Agreement and other matters for which this Agreement specifically provides for arbitration, but specifically excludes any matters of injunctive relief or specific performance specifically reserved to a party under this Agreement. Disputes will be identified by the aggrieved party by notice of dispute in writing to the other party setting forth with particularity the issues responsible for the dispute. Upon receipt of such notice, the parties will attempt in good faith to resolve the dispute and, if they fail to resolve the dispute, will mediate such dispute pursuant to Section 12.8(c) prior to submitting the dispute to arbitration. In the event that the parties cannot amicably resolve the issues prior to or as a result of mediation, the dispute will be submitted to arbitration. The arbitration will take place in Chicago, Illinois. The party initiating arbitration will request a list of five impartial arbitrators from the office of JAMS located in or nearest the city in which the arbitration is to take place. From this list, the parties will alternately strike arbitrators (with the party initiating arbitration making the first strike) until one name is left. The parties agree to facilitate the arbitration by: (a) conducting arbitration hearings to the greatest extent possible on successive, contiguous days; and (b) observing strictly the time periods established by the JAMS Comprehensive Arbitration Rules and Procedures or by the arbitrator(s) for the submission of evidence and briefs. Discovery in the arbitration will be as limited as reasonably possible and in no event will a party be entitled to take more than three depositions (each deposition completed in no more than seven hours), ask more than ten narrowly focused interrogatories (sub-parts of an interrogatory deemed as a separate interrogation), or make more than fifteen narrowly focused document requests (sub-parts of a request deemed as a separate request). Any up-front fees payable to the arbitrator(s) or like up-front fees will be divided equally betwe...
Arbitrable Claims means all claims of any nature or kind arising out of, relating to, or connected with this Arbitration Agreement or your employment with [ACMO],