Magazine article Dispute Resolution Journal

Resolving a Conflict in Forum Choice

Magazine article Dispute Resolution Journal

Resolving a Conflict in Forum Choice

Article excerpt

SECURITIES EMPLOYMENT

The District Court for the Southern District of New York held that it had the power to enforce employment arbitration agreements under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).

Defendants Gonzalez and Cueto joined Credit Suisse First Boston in October and May of 2000, respectively. On joining the firm, Gonzalez executed an agreement to use the firm's internal Employment Dispute Resolution Program Procedures (EDRP). The EDRP set forth a three-step dispute resolution process beginning with an internal grievance procedure, followed by mediation and then arbitration. The party who first requested arbitration would decide whether the dispute should be administered by the American Arbitration Association, the CPR Institute for Dispute Resolution, or JAMS. The EDRP provided that, in the case of a conflict between the EDRP forum and the forum in another arbitration agreement, the EDRP forum had priority, unless the employee was "legally required" to arbitrate before the other forum.

When Cueto joined Credit Suisse, he executed an employment agreement "irrevocably submitting]" to the jurisdiction of the Labor Courts of Mexico City, known as the BCA (Boards of Conciliation and Arbitration), which are administrative bodies providing arbitration services.

After resigning, Gonzalez and Cueto both initiated proceedings against Credit Suisse in the BCA, claiming defamation and compensation-related claims. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.