Justia Arbitration & Mediation Opinion Summaries

Articles Posted in Supreme Court of Virginia

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The Supreme Court reversed the decision of the circuit court denying Defendant’s motion to compel arbitration, holding that the circuit court erred in denying the motion for arbitration because the parties’ disagreements were controversies arising out of or relating to their contract, and therefore, pursuant to the contract, an arbitrator must resolve them. Plaintiffs sued Defendant, alleging that the home Defendant constructed for Plaintiffs suffered from defects that caused damage to the home. Defendant filed a motion to compel arbitration under the arbitration clause of the parties’ contract. The circuit court denied the motion, concluding that the arbitration clause was unenforceable. The supreme Court reversed, holding that the parties’ disagreement over the interpretation of the arbitration clause, as well as the application of the doctrine of impossibility to the arbitration clause, were “controvers[ies] arising out of or relating to the contract,” and therefore, the circuit court erred in refusing to compel arbitration. View "Brush Arbor Home Construction, LLC v. Alexander" on Justia Law

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In this appeal of a judgment confirming an arbitration award, the Supreme Court held that the circuit court did not err in refusing to vacate the arbitration award under Va. Code 8.01-581.010. Plaintiff filed a fourteen-count complaint against Defendants alleging liability theories for conspiracy, conversion, legal malpractice, breach of trust, and other causes of action. Defendants moved to have the dispute submitted to arbitration pursuant to an arbitration provision in an agreement between the parties. The circuit court granted the motion to compel arbitration, and the arbitrators found in favor of Defendants on all counts. The circuit court confirmed the award in its entirety and denied Plaintiff’s application to vacate the award. The Supreme Court affirmed, holding that there was no basis in law or fact for reversing the circuit court’s confirmation of the arbitration award. View "Meuse v. Henry" on Justia Law