In the contract pursuant to which the plaintiff-buyers bought a home from the defendant-builder, the final two sentences of the arbitration provision unconscionably shorten the limitation period for claims from three years to either 90 or 30 days, depending upon ...

Tagged with: Arbitration

Even though the Adult Health Care Consent Act gave the decedent’s son authority to sign a nursing home admission agreement on his mother’s behalf, the Act did not give the son authority to sign a separate arbitration agreement. The decedent’s ...

Tagged with: Arbitration

Although our decision in a prior appeal said the parties’ 2002 and 2003 brokerage service agreements (BSAs) were irrelevant because they predated an alleged steering and kickback scheme, the trial on remand produced substantially different evidence, i.e., testimony that part ...

Tagged with: Arbitration

In a take-it-or-leave-it home buyer’s contract, the defendant-builder included an arbitration clause with unconscionable provisions, most notably giving the builder the exclusive right to determine which parties would be included in the arbitration. We decline to strike the offending provisions; ...

Tagged with: Arbitration

A month after plaintiff went to work for defendant, defendant sent her an email with links to a cover letter, frequently asked questions and an agreement to arbitrate any disputes arising from plaintiff’s employment. Under the terms of the email ...

Tagged with: Arbitration

Although the limitations period of the arbitration clause in the parties’ contract is one-sided and oppressive, this unconscionable provision is severable.  As modified, we affirm the circuit court’s grant of defendant’s motion to dismiss and compel arbitration.  When plaintiffs bought ...

Tagged with: Arbitration

For years, the question of whether child custody and visitation issues can be submitted to binding arbitration with no oversight by the family court and no right of review by an appellate tribunal has been bouncing around in South Carolina’s courts.   In a Sept. 8 opinion, a unanimous ...

Tagged with: Arbitration Custody

By James P. McLoughlin Jr. Federal law authorizes federal courts to provide discovery assistance to a “foreign or international tribunal” and litigants with an interest in those proceedings. The 2nd Circuit’s July 2020 decision holding that “foreign or international tribunal” ...

Tagged with: Arbitration

By Jared L. Hubbard and Malgorzata Mrózek In today’s globalized economy, local companies can have a global reach, entering into mergers, acquisitions, manufacturing contracts, licensing agreements, joint ventures, and research and development partnerships with companies and institutions around the world. ...

Tagged with: Arbitration

Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Federal Arbitration Act