I have a company and my client company is in clear breach of contract
according to my attorney (who is on vacation, hence why I am here :)
has a binding arbitration
clause in it. It says: 9.1 "Any dispute arising out of or relating to this Agreement will be finally settled by arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association. Any court with jurisdiction may enter judgment upon the award rendered by the arbitrator. The
arbitration will be held in the City of New York."
Yet there is some conflict - I am assuming, with this article below, which seems to extend protections outside of the arbitration agreement to one party.
it states this: "Advisor (EDIT: me) acknowledges and agrees that, in the event of a breach or threatened breach of this Article VI, COMPANY (edit:them) may be irreparably harmed such that monetary damages will not adequately compensate for its injuries. Notwithstanding the provisions of Section 9.1 of this Agreement pertaining to arbitration, in the event of any breach or threatened breach of this Article VI, COMPANY shall be entitled, in addition to any other rights it may have at law or in equity, to seek a temporary or permanent injunction enjoining and restraining Advisor from continuing such breach. In the event that COMPANY prevails, COMPANY shall also be entitled to the payment by Advisor of all reasonable costs associated with said litigation
including reasonable attorney’s fees."
How, if at all - would this effect my case if COMPANY is the breaching party? Does the fact that they request unequal arbitration allowances nullify arbitration?