The Supreme Court, however, disagreed. A long series of cases ensued to control the terms of arbitration agreements. He decided that, since the arbitration agreement provided that the ability to arbitrate claims had to be decided by an arbitrator, that was what should have been done. The Supreme Court was clear in its provision by saying “arbitration is a matter of contract, and the courts must enforce arbitration contracts on their terms,” even though the court finds that the referral to arbitration is “totally unfounded.” If you`re not sure you want to settle or pursue a construction dispute, or if you want to leave both options open in the event of a dispute, here`s a word for the wise: don`t feel safe just because an arbitration decision in your construction contract is optional, or that the parties – unlike “must” – can initiate arbitration proceedings in the event of a dispute. In Virginia (and in other states), courts are increasingly applying these types of freely formulated arbitration rules and, as a result, sending disappointed parties to arbitration after taking legal action pending litigation. What does this mean in everyday English? This means that in Virginia, both parties can agree to waive their right to a jury, and submit all disputes to the Court of Arbitration. However, both parties must agree – and yes, an employment contract written and signed by employers and workers implies such an agreement. Recently, the Court also confirmed that state laws, such as CSC`s anti-arbitration, would prevent alleged parties from entering into arbitration agreements (unlike the application of existing arbitration agreements) are contrary to the FAA and are therefore anticipated. In Kindred Nursing Centers v. Clark, the court said: According to the Virginia code, . .