Skip to Content
Judiciary of the US Virgin Islands
Supreme Court
Superior Court
Supreme Court
of the
Virgin Islands
A+
A-
{1}
##LOC[OK]##
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
November 2024 OA Calendar
Amended November 2024 OA Calendar
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
November 2024 OA Calendar
Amended November 2024 OA Calendar
MENU
Supreme Court of the US Virgin Islands
»
Court Opinions
»
Published Opinions
»
2018 Published Opinions
»
S. Ct. Civ. No. 2017-0024
A+
A-
S. Ct. Civ. No. 2017-0024
Sub Menu
Skip Sidebar Navigation
S. Ct. Civ. No. 2017-0024
S. Ct. Crim. No. 2017-0043
Last item for navigation
Case Caption:
Barry Whyte v. Steve Bockino, et al.
Case Number:
S. Ct. Civ. No. 2017-0024
Date:
08/29/2018
Author:
Hodge, Rhys S.
Citation:
Summary:
Considering an appeal from an judgment of the Superior Court finding that an arbitration clause between the plaintiff-appellant and his former employer is enforceable and that the employer did not waive its right to arbitration, the phrase “arbitration and award” in Rule 8(c)(1) of the Virgin Islands Rules of Civil Procedure plainly means when arbitration has already taken place and an arbitrator has determined an award. Therefore, a defendant need not make a request for arbitration or a stay pending arbitration in its answer or pre-answer motion. In addition, regardless of whether the Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies to the Virgin Islands through either the Commerce Clause of the Constitution of the United States (U.S. Const. art. I, § 8, cl. 3), or the Territorial Clause of the Constitution of the United States (U.S. Const. art. IV, § 3, cl. 2), the FAA governs this dispute because there is an interstate nexus. Moreover, the arbitration clause in the employment contract did not expire, and under the facts presented, the employer did not waive its right to arbitration. Accordingly, the Superior Court’s finding that the employee’s claims are arbitrable is correct, and its judgment is affirmed.
Attachment:
Open Document or Opinion