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This excerpt taken from the ATVI 10-Q filed Nov 10, 2008. Arbitration. All disputes
relating to your employment (or its termination), including disputes relating
to your employment and this Agreement, shall be resolved by final and binding
arbitration in accordance with this Section.
The arbitration will be conducted by an impartial arbitrator experienced
in employment law selected from the JAMS panel of arbitrators
in accordance with JAMS then-current employment arbitration rules (except
as otherwise provided in this Section).
You understand that the Employer and you are waiving the right to
institute a court action, except for requests for injunctive relief pending
arbitration, and understand that the Employer and you are giving up any right
to a jury trial. The Arbitrator’s award
and opinion shall be in writing and in the form typically rendered in labor and
employment arbitrations.
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The Employer will pay any filing fee and the fees and costs of the arbitrator, unless you initiate the claim, in which case you only will be required to contribute an amount equal to the filing fee for a claim initiated in a court of general jurisdiction in the State of California. The arbitrator shall award attorneys’ fees and costs to the prevailing party, unless prohibited by applicable law. This arbitration obligation shall not prohibit the Employer or you from filing a claim with an administrative agency, nor does it apply to claims for workers’ compensation or unemployment benefits, or claims for benefits under an employee welfare or pension plan that specifies a different dispute resolution procedure. The arbitration shall take place in Santa Monica, California or the city in which you were last employed by the Employer, unless the Employer and you agree otherwise.
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