Richard Parsons v. Halliburton Energy Services, Inc.

Chief Justice, KETCHUM:

In this appeal from the Circuit Court of Kanawha County, we address the state common law doctrine of waiver as it relates to arbitration. The plaintiff asserts that the defendant implicitly waived a contractual right to arbitration by participating in litigation.

The circuit court entered an order finding the defendant had not waived its right to arbitration because it did not participate in the plaintiffs lawsuit, and because the defendant’s first court filing asserted the contractual right to arbitration. As set forth below, we affirm the circuit court’s order…