By Stephen J. Golder of Jenkins Fenstermaker, PLLC posted in Business on Wednesday, September 14, 2016.
Arbitration can be a less expensive, relatively simple alternative to formal court litigation. Policy at the federal level clearly supports the ability of contracting parties to choose arbitrators over judges to resolve disputes. Regardless, many state courts find creative ways to avoid contractual arbitration clauses. Consider a recent case heard twice by the West Virginia (WV) Supreme Court of Appeals-the case of Schumacher Homes v. Spencer, which determined the enforceability of a WV arbitration clause in the parties' contract.