Richard Parsons v. Halliburton Energy Services, Inc.

(Filed May 12, 2016)

I concur in the majority’s affirmance of the circuit court’s order dismissing the action and compelling arbitration. I dissent to the extent the majority overrules our precedent to pave the path for a new point of law that is contrary, not only to the strong federal policy favoring arbitration, but also to the majority of jurisdictions that require proof of prejudice before a waiver of arbitration rights will be found.

Our common law demonstrates that general contract defenses, such as waiver, “may be applied to invalidate an arbitration agreement.” Syl. Pt. 9, in part,…