Cox

BACKGROUND

On July 17, 2001, Cox and Ocean View signed a Letter of Agreement of Cox’s employment as the Director of Finance 9068 COX v. OCEAN VIEW HOTEL for the Radisson Hotel Waikiki Prince Kuhio. In addition to setting forth Cox’s job description and compensation, the let- ter included the following arbitration clause:

Any disputes between Employer and Employee aris- ing out of the employment relationship shall be set- tled by arbitration in accordance with the then current Model Employment Arbitration Procedures of the American Arbitration Association (AAA) in lieu of jury trial and all other judicial dispute resolu- tion methods. Employee fully understands and accepts this. . . . Any controversy except for Work- men’s Compensation, involving the construction or application of the terms, provisions, or conditions of this Agreement or otherwise arising out of or related to this Agreement shall likewise be settled by arbi- tration. This agreement to arbitrate covers all employment disputes including but not limited to those involving tort, wrongful discharge, and dis- crimination claims. The cost of the arbitration shall be paid by the Company. The location of the…