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Tag Archives: Arbitration

Arbitration – Contract – Coal Supply — $10.5M Award (access required)

Central West Va. Energy Inc. v. Bayer Cropscience LP An arbitration panel did not exceed its powers when it considered the validity of a 2008 agreement between Central West Virginia Energy Company and an industrial park in Kanawha County, W.Va., for CWVE to supply coal to the park for a two-year period, and the 4th Circuit upholds a $10.5 million award to the industrial park.

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Arbitration – Labor & Employment – Application – Employment Contract – Merger Clause – Waiver – Litigation Participation (access required)

Davis v. KB Home of South Carolina, Inc. Even though there was an arbitration clause in the employment application that plaintiff filled out, the parties’ subsequent employment contract did not have an arbitration clause, and it did have a merger clause. Thus, plaintiff is not required to submit his wrongful termination claim to arbitration. We affirm the circuit court’s denial of defendants’ motion to compel arbitration.

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