South Carolina Business Law Blog

It was only a matter of time before arbitrability (the enforceability of an agreement to arbitrate) put a South Carolina courts in the position to construe the language in a power of attorney ("POA"). And this opinion did.  I try to view these decisions through the lens of how an attorney practicing in South Carolina might learn from them. And this decision, like some others involving the FAA and arbitrability, (for example, Grant v. Kuhn Chevrolet  or Herron v. Century BMW  , had the litigator and the drafter in me scratching my head.  Or at least I was confused until I learned about what had happened legislatively in the time since the POAs at issue in Arredondo were scrutinized by three (3) South Carolina courts. This decision, involving a POA executed before January 1, 2017, is likely an anomaly or a one-off, as going forward the S.C. Uniform Power of Attorney Act (SCUPOA) provides a guide for the creation of POAs that may avoid the necessity for so much judicial scruti

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