Weekly Law Resume - October 14, 2010: Enforceability of Arbitration Clause - Employment Agreement

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Ramesh C. Trivedi v. Curexo Technology Corporation Court of Appeal, First District (October 20, 2010)

In this case, the Court considered the enforceability of an arbitration clause contained in the parties' employment agreement.

Ramesh C. Trivedi ("Trivedi") filed a complaint against Curexo Technology Corporation ("Curexo") arising out of his termination as President and Chief Executive Officer of Curexo. The complaint alleged causes of action for age discrimination in violation of California's Fair Employment and Housing Act ("FEHA"), race and color discrimination in violation of FEHA, national origin discrimination in violation of FEHA, and unlawful business practices within the meaning of Business and Professions Code § 17200. In addition, the complaint asserted claims for breach of the parties' employment contract, bad faith, intentional infliction of emotional distress, and three causes of action for employment discharge in violation of California public policy. Curexo filed a motion to compel arbitration pursuant to the parties' employment agreement.

Within the employment agreement was an arbitration clause under which the parties agreed, among other matters, to resolve "[a]ny dispute arising out of or relating to this Agreement or any act which would violate any provision of this Agreement . . . to arbitration . . . before a sole arbitrator (the 'Arbitrator') selected from the American Arbitration Association ('AAA') pursuant to the AAA's national rules for the resolution of employment disputes . . . ."

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