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”
Tag Archives: Supreme Court
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.”