Chancellor Senior Management, Ltd. v. Louise McGraw, By and Through Her Daughter, Nancy Reuschel as Power of Attorney, et al.
Arbitration
I.
Whether the West Virginia Court's determination
that the parties' arbitration agreement is invalid and
unenforceable because "it fails to 'comply with its own
stated standards," on the basis that it does not satisfy
the peculiar requirements of AHLA Rule 2.1, conflicts
with the command of § 2 of the FAA that agreements
to arbitrate shall be "valid, irrevocable and
enforceable"?
II.
Whether, under circumstances in which an
arbitration forum suggested or selected in the parties'
arbitration agreement becomes unavailable, § 5 of the
FAA mandates that a court "shall designate and
appoint an arbitrator" and, thus, preserve the validity
and enforceability of the core agreement to arbitrate?
Whether the West Virginia Court's determination that the parties' arbitration agreement is invalid and unenforceable