Case Caption: Barry Whyte v. Steve Bockino, et al.Case Number: S. Ct. Civ. No. 2017-0024Date: 08/29/2018Author: 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