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Arbitration - employment agreement, jurisdiction re earlier employment agreements: Jacob v. Dripchak (COA 8/12/2009)

By Michael Stevens

Jacob v. Dripchak
2008-CA-001157 8/21/09 2009 WL 2569128

Opinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred.

The Court affirmed in part, and reversed and remanded in part, a judgment of the circuit court confirming an arbitration award in favor of appellee on claims related to an employment contract. The Court first held that the trial court did not err in failing to set aside the arbitration award as a result of improper demand or notice by appellee. While the demand did not set forth a detailed claim for damages, it put appellant on notice that appellee intended to arbitrate claims arising under a 2003 employment agreement. The Court then held that the trial court erred in confirming the award based upon a 1997 employment agreement and the renewals thereof. The arbitrator lacked jurisdiction to consider the claims as they related to the earlier agreements when the 2003 agreement clearly and plainly superseded and terminated the earlier agreements, which did not contain an arbitration clause.

Full post as published by Kentucky Cases on September 23, 2009 (boomark / email).