Arbitration language in Flores litigation

Here is the arbitration language at issue in the Flores litigation.

Flores-Dolphins 2019 Agreement:

Employee and the Club agree that all matters in dispute between Employee and the Club, including, without limitation, any dispute arising from the terms of this Agreement, Employee’s employment with the Club, or otherwise, shall be referred to the Commissioner of the NFL for binding arbitration in accordance with the NFL’s Dispute Resolution Procedural Guidelines (attached to this Agreement as Exhibit A).

Wilks-Arizona Cardinals 2018 Agreement:

Employee and the Club agree that all disputes, claims, or controversies that exist or that may arise between them, including without limitation any dispute arising out of or relating to the terms of this Agreement, Employee’s employment with the Club, or otherwise, shall be referred to the NFL Commissioner of the NFL for binding arbitration, except as otherwise provided herein.

Wilks-Carolina Panthers 2022 Agreement:

Any dispute, controversy or claim between Employee and Club, including without limitation any dispute arising from this Agreement, Employee’s employment with the Club, or otherwise, shall be resolved exclusively through final and binding arbitration as provided herein. This agreement to arbitrate shall apply to all claims and disputes between Employee and Club, including any claims by Employee against any owner, director, officer, employee or agent of Club and the NFL and its Member Clubs, with the exception of claims for workers or unemployment compensation benefits or where otherwise prohibited by law.  Employee and Club waive all rights to trial by jury.

Horton-Tennessee Titans 2014 Agreement:

You agree at all times to comply with and to be bound by all of the provisions of the Constitution and By-Laws and Rules and Regulations of the NFL and of any other league of which Titans may hereafter become a member, all of which are hereby made a part of this Agreement, and by the decisions of the Commissioner of the NFL, which shall be final, conclusive and unappealable. You and Titans agree that all matters in dispute between You and Titans shall be referred to the Commissioner and his decision shall be accepted as final, complete, conclusive, binding and unappealable by You and Titans. You, if involved or affected in any manner whatsoever by a decision of the Commissioner, whether the decision results from a dispute between You and Titans or otherwise, hereby release and discharge the Commissioner, the NFL or any league of which Titans may hereafter become a member, each director, officer, stockholder, owner or partner of any club in the NFL, or in any league of which Titans may hereafter become a member, each employee, agent, official or representative of the NFL or of any club in the NFL, or of any league of which Titans may hereafter become a member, jointly or severally, individually and in their official capacities, of and from any and all claims, demands, damages, suits, actions and causes of action whatsoever, in low or in equity, arising out of or in connection with any such decision of the Commissioner.

It is useful to compare the above provisions to those in Mr. Gruden’s contract with the Raiders, which provided that “all matters in dispute between Gruden and Club, including without limitation any dispute arising from the terms of this Agreement, shall be referred to the NFL Commissioner for binding arbitration, and his decision shall be accepted as final, conclusive, and unappealable.”

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