Memorandum Opinion and Order
Pending before the court are the plaintiff’s Motion to Dismiss the Counterclaims [ECF No. 7], the plaintiff’s Motion to Remand [ECF No. 9] to the Circuit Court of Kanawha County, West Virginia, and the defendant’s Motion to Dismiss and Compel Arbitration [ECF No. 11]. The plaintiff submitted supplemental briefing on the existence of subject matter jurisdiction. Suppl. Br. [ECF No. 13]. For the reasons set forth below, the plaintiff’s Motion to Remand is DENIED, defendant’s Motion to Dismiss and Compel Arbitration is GRANTED, and the plaintiff’s Motion to Dismiss the Counterclaims is DENIED as moot. Accordingly, this matter is DISMISSED with prejudice and the parties are COMPELLED to arbitrate in South Africa under South African Law.