TM Delmarva Power, L.L.C. v. NCP of Virginia, L.L.C.

I respectfully dissent from the majority’s opinion in this case.

This case presents an issue of first impression for the Supreme Court of Virginia: whether contractual language permitting one party to pursue arbitration constitutes the parties’ written agreement to arbitrate their disputes upon the election of either party.

“[Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648 (1986); see also Doyle & Russell, Inc. v. Roanoke…