2013 S.C. Appellate Court Decisions Addressing Arbitration
Introduction (This is an adapted version of a presentation made at the S.C Bar Convention). Each passing year brings more appellate court decisions, at the state and federal levels, addressing arbitration. 2013 was no exception. The South Carolina Supreme Court considered several issues of first impression, in the areas of arbitration award confirmation, “manifest disregard of the law,” and “evident partiality.” And our appellate courts took up questions about whether arbitration claims are subject to the Federal Arbitration Act (“FAA”) , the “unconscionability” of an agreement to arbitrate, waiver of the right to arbitrate, and the scope of an agreement to arbitrate. New Law Confirmation of Arbitration Award Henderson v. Summerville Ford-Mercury , Supreme Court, September 11, 2013 Takeway Payment of an arbitration award does not prevent confirmation of the award. Background Purchaser and car Dealer arbitrated their SCUTPA and Dealer