Grimes v. GHSW Enterprises, LLC

The Supreme Court affirmed the judgment of the court of appeals granting a Ky. R. Civ. P. 65.09 motion filed by Respondent to compel arbitration, holding that the arbitration agreement between the parties was enforceable.

The circuit court in this case issued an order invalidating the arbitration clause contained in the parties’ employment contract. Thereafter, Respondent a motion seeking interlocutory relief to compel arbitration. The court of appeals determined that even where the contract expressly allows Respondent to seek provisional injunctive remedies in a court pending arbitration but did not specifically provide the same right to Movant, the lack of reciprocal access to the courts for injunctive relief did not invalidate the arbitration agreement. The Supreme Court affirmed, holding that the arbitration agreement did not lack mutuality, was supported by adequate consideration, and was not unconscionable.