Chancellor Senior Management, Ltd. v. Louise McGraw, By and Through Her Daughter, Nancy Reuschel as Power of Attorney, et al.
Arbitration
Whether the West Virginia Court's determination that the parties' arbitration agreement is invalid and unenforceable
QUESTIONS PRESENTED FOR REVIEW 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”? Il. 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? i