Dan Ryan Builders, Inc. v. Nelson, No. 11-1215
Decided: May 10, 2012
The Fourth Circuit Court of Appeals certified the following question to the West Virginia Supreme Court:
Does West Virginia law require that an arbitration provision, which appears as a single clause in a multi-clause contract, itself be supported by mutual consideration when the contract as a whole is supported by adequate consideration?
The case before the Court is governed by West Virginia law and there is no controlling decision in West Virginia case law. Therefore, the Court has exercised its privilege through the Uniform Certification of Questions of Law Act, and submitted the question to the highest court in West Virginia.