§55-10-2. Declaration of public policy; legislative findings.
The Legislature finds that:
(1) Arbitration, as a form of alternative dispute resolution, offers in many instances a more efficient and cost-effective alternative to court litigation.
(2) The United States has a well-established federal policy in favor of arbitral dispute resolution, as identified both by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and the decisions of the Supreme Court of the United States.
(3) Arbitration already provides participants with many of the same procedural rights and safeguards as traditional litigation, and ensuring that those rights and safeguards are guaranteed to participants will ensure that arbitration remains a fair and viable alternative to court litigation and guarantee that no party to an arbitration agreement is unfairly prejudiced by agreeing to an arbitration agreement or provision.
Notes of Decisions
Richard Parsons v. Halliburton Energy Servs., Inc., 785 S.E.2d 844 (W. Va. 2016).
· cites it 2× “”); W.Va. Code § 55-10-2 [2015] (acknowledging “a well-established federal policy in favor of arbitral dispute resolution” because arbitration “offers in many instances a more efficient and cost-effective alternative to court litigation.”
Christina Vogt v. Am. Arbitration Ass'n (W. Va. 2020).
“Petitioner contends that contrary to the Legislature’s public policy declaration set forth in West Virginia Code § 55-10-2(1), the AAA’s actions in the underlying arbitration proceedings conclusively establish that arbitration is not “a more efficient and cost-effective…”
— W. Va. Code § 55-10-2(1) — 1 case
Christina Vogt v. Am. Arbitration Ass'n (W. Va. 2020).
“Petitioner contends that contrary to the Legislature’s public policy declaration set forth in West Virginia Code § 55-10-2(1), the AAA’s actions in the underlying arbitration proceedings conclusively establish that arbitration is not “a more efficient and cost-effective…”
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