“Unconscionable” Agreements

An arbitration agreement can be a powerful tool for a business seeking to minimize the expense and disruption generated by litigation. To maximize the potential benefits, your business may want to incorporate an arbitration agreement into the documents you present to a customer prior to closing a deal, perhaps conditioning the closing of deals onContinue reading ““Unconscionable” Agreements”

Do South Carolina courts “favor” arbitration?

In memoranda in support of motions to compel arbitration, defense attorneys frequently attempt to buoy their arguments by arguing that “public policy favors arbitration.” While the language they employ was used in past decisions by our Court of Appeals and Supreme Court, the South Carolina Supreme Court has recently taken pains to dispel the mythContinue reading “Do South Carolina courts “favor” arbitration?”

Assignment and Enforcement: Developments in South Carolina Arbitration Law

Citing the Prima Paint doctrine, the South Carolina Supreme Court held in Sanders v. Savannah Highway Automotive Company that an arbitrator must determine the enforceability of an assigned arbitration clause if the validity of the container contract has not been challenged. When a contract containing an arbitration clause is assigned, who is responsible for determiningContinue reading “Assignment and Enforcement: Developments in South Carolina Arbitration Law”

Arbitration after Hicks Unlimited, Inc.

In a recent decision, the South Carolina Supreme Court held that mere agreement by parties to arbitrate under the Federal Arbitration Act is, without more, insufficient to preempt South Carolina’s Arbitration Act. In Hicks Unlimited, Inc. v. Unifirst Corp., A Mass. Corp., 439 S.C. 623, 889 S.E.2d 564 (2023), the South Carolina Supreme Court emphaticallyContinue reading “Arbitration after Hicks Unlimited, Inc.”