scope of the arbitration clause (South Carolina) · Go Syfert
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scope of the arbitration clause in South Carolina

20 South Carolina opinions name it 2 courts 1993–2021 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Zabinski v. Bright Acres Associatesgreen
sc · 2001 · cited in 12 South Carolina opinions naming this issue, 2002–2016
2 sentences

2016“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.” Id. (quoting Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 ). “[E]ven if the court finds that a claim is outside the scope of the arbitration clause, the clause may still apply.” Partain, 386 S.C. at 492 , 689 S.E.2d at 604 .

2016“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.” Id. (quoting Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 ). “[E]ven if the court finds that a claim is outside the scope of the arbitration clause, the clause may still apply.” Partain, 386 S.C. at 492 , 689 S.E.2d at 604 .

312
D. Joseph Long v. Silvergreen
ca4 · 2001 · cited in 4 South Carolina opinions naming this issue, 2004–2010
2 sentences

2004See Zabinski v. Bright Acres Assocs., 346 S.C. 580, 597-98 , 553 S.E.2d 110, 119 (2001) (holding where the partnership agreement provided all claims arising from the partnership agreement were to be arbitrated, any torts related to the partnership agreement were also matters for arbitration); Long v. Silver, 248 F.3d 309, 316 (4th Cir.2001) (holding claims are within the scope of the arbitration clause if a “significant relationship” exists between the asserted claims and the contract in which the arbitration clause is contained).

2004See, e.g. , Long v. Silver , 248 F.3d 309, 320-21 (4th Cir. 2001) (holding non-signatory could compel arbitration because the claims against the non-signatory parent corporation fell within the scope of the arbitration clause signed by the employee); Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc. , 10 F.3d 753, 758 (11th Cir. 1993) (holding that because claims against the non-signatory were “intimately founded in and intertwined with” a contract containing an arbitration clause, signatory was estopped from refusing to arbitrate those claims); J.J.

34
Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.green
scotus · 1989 · cited in 4 South Carolina opinions naming this issue, 1993–2004
2 sentences

1993The Barbier court applied general state law principles of contract interpretation in order to ascertain the parties’ intent in including the choice-of-law provision in the agreement, “giving due regard to the federal policy favoring arbitration *427 and resolving any ambiguities as to the scope of the arbitration clause itself in favor of arbitration.” Id.; see also Volt, 489 U.S. at 475 , 109 S.Ct. at 1254 , 103 L.Ed. (2d) at 498 (in applying general state-law principles of contract interpretation to the interpretation of an arbitration agreement within the scope of FAA, due regard must be gi

1993The Barbier court applied general state law principles of contract interpretation in order to ascertain the parties’ intent in including the choice-of-law provision in the agreement, “giving due regard to the federal policy favoring arbitration *427 and resolving any ambiguities as to the scope of the arbitration clause itself in favor of arbitration.” Id.; see also Volt, 489 U.S. at 475 , 109 S.Ct. at 1254 , 103 L.Ed. (2d) at 498 (in applying general state-law principles of contract interpretation to the interpretation of an arbitration agreement within the scope of FAA, due regard must be gi

24
American Recovery Corporation v. Computerized Thermal Imaging, Incorporatedgreen
ca4 · 1996 · cited in 3 South Carolina opinions naming this issue, 2013–2020
2 sentences

2020Recovery, 96 F.3d at 94).

2016Recovery, 96 F.3d at 94).

23
Landers v. Federal Deposit Insurancegreen
sc · 2013 · cited in 3 South Carolina opinions naming this issue, 2016–2021
2 sentences

2021"The trial court found that only Landers' breach of contract claim was subject to the arbitration provision, while his other four causes of action comprised of several tort and corporate claims were not within the scope of the arbitration clause." Id.

2020This "'heavy presumption of arbitrability requires that when the scope of the arbitration clause is open to question, a court must decide the question in favor of arbitration.'" Id. at 109 , 739 S.E.2d at 213 (emphasis added) (quoting Am.

13
cluster 515742green
ca4 · 1988 · cited in 3 South Carolina opinions naming this issue, 2004–2020
2 sentences

2020"In applying this standard, th[e appellate c]ourt 'must determine whether the factual allegations underlying the claim are within the scope of the arbitration clause, regardless of the legal label assigned to the claim.'" Id. (emphasis added) (quoting J.J.

2013In applying this standard, this Court “must determine whether the factual allegations underlying the claim are within the scope of the arbitration clause, regardless of the legal label assigned to the claim.” Id. at 319 ; Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 .

13
Stokes v. Metropolitan Life Insurancegreen
scctapp · 2002 · cited in 2 South Carolina opinions naming this issue, 2003–2004
2 sentences

2004Co., 351 S.C. 606, 610 , 571 S.E.2d 711, 714 (Ct.App.2002) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University, 489 U.S. 468 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)).

2004Co., 351 S.C. 606, 610 , 571 S.E.2d 711, 714 (Ct.App.2002) (quoting Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University, 489 U.S. 468 , 109 S.Ct. 1248 , 103 L.Ed.2d 488 (1989)).

12
In Re Conseco Finance Servicing Corp.green
texapp · 2000 · cited in 1 South Carolina opinions naming this issue, 2007–2007
2 sentences

2007Id. at 570.

2007Id. at 570.

11
Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc.green
ca11 · 1993 · cited in 1 South Carolina opinions naming this issue, 2004–2004
1 sentence

2004See, e.g. , Long v. Silver , 248 F.3d 309, 320-21 (4th Cir. 2001) (holding non-signatory could compel arbitration because the claims against the non-signatory parent corporation fell within the scope of the arbitration clause signed by the employee); Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc. , 10 F.3d 753, 758 (11th Cir. 1993) (holding that because claims against the non-signatory were “intimately founded in and intertwined with” a contract containing an arbitration clause, signatory was estopped from refusing to arbitrate those claims); J.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Hinson v. JUSCO CO., LTD. green
scd · 1994
2 sentences

2016Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 (citing Hinson v. Jusco Co., 868 F.Supp. 145 (D.S.C. 1994); S.C.

2016Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 (citing Hinson v. Jusco Co., 868 F.Supp. 145 (D.S.C. 1994); S.C.

22016–2016
Aiken v. World Finance Corp. of SC green
sc · 2007
2 sentences

2016Corp. of South Carolina, 373 S.C. 144 , 644 S.E.2d 705 (2007); Chassereau v. Global Sun Pools, Inc., 373 S.C. 168 , 644 S.E.2d 718 (2007); Simpson v. World conduct, namely, the intentional and unforeseeable conduct of JWH in failing to disclose concealed contamination on the Property, the arbitration clause was unenforceable.4 The Court of Appeals affirmed the circuit court's finding that the scope of the arbitration clause was restricted to Warranty claims and declined to address the circuit court's application of the outrageous torts exception doctrine.

2016Corp. of South Carolina, 373 S.C. 144 , 644 S.E.2d 705 (2007); Chassereau v. Global Sun Pools, Inc., 373 S.C. 168 , 644 S.E.2d 718 (2007); Simpson v. World conduct, namely, the intentional and unforeseeable conduct of JWH in failing to disclose concealed contamination on the Property, the arbitration clause was unenforceable.4 The Court of Appeals affirmed the circuit court's finding that the scope of the arbitration clause was restricted to Warranty claims and declined to address the circuit court's application of the outrageous torts exception doctrine.

12016–2016
Chassereau v. Global-Sun Pools, Inc. green
sc · 2007
2 sentences

2016Corp. of South Carolina, 373 S.C. 144 , 644 S.E.2d 705 (2007); Chassereau v. Global Sun Pools, Inc., 373 S.C. 168 , 644 S.E.2d 718 (2007); Simpson v. World conduct, namely, the intentional and unforeseeable conduct of JWH in failing to disclose concealed contamination on the Property, the arbitration clause was unenforceable.4 The Court of Appeals affirmed the circuit court's finding that the scope of the arbitration clause was restricted to Warranty claims and declined to address the circuit court's application of the outrageous torts exception doctrine.

2016Corp. of South Carolina, 373 S.C. 144 , 644 S.E.2d 705 (2007); Chassereau v. Global Sun Pools, Inc., 373 S.C. 168 , 644 S.E.2d 718 (2007); Simpson v. World conduct, namely, the intentional and unforeseeable conduct of JWH in failing to disclose concealed contamination on the Property, the arbitration clause was unenforceable.4 The Court of Appeals affirmed the circuit court's finding that the scope of the arbitration clause was restricted to Warranty claims and declined to address the circuit court's application of the outrageous torts exception doctrine.

12016–2016
Partain v. Upstate Automotive Group green
sc · 2010
2 sentences

2016“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.” Id. (quoting Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 ). “[E]ven if the court finds that a claim is outside the scope of the arbitration clause, the clause may still apply.” Partain, 386 S.C. at 492 , 689 S.E.2d at 604 .

2016“Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.” Id. (quoting Zabinski, 346 S.C. at 597 , 553 S.E.2d at 118 ). “[E]ven if the court finds that a claim is outside the scope of the arbitration clause, the clause may still apply.” Partain, 386 S.C. at 492 , 689 S.E.2d at 604 .

12016–2016
Moses H. Cone Memorial Hospital v. Mercury Construction Corp. green
scotus · 1983
2 sentences

2013Co., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)); accord Zabinski, 346 S.C. at 598 , 553 S.E.2d at 118 . “ ‘The heavy presumption of arbitrability requires that when the scope of the arbitration clause is open to question, a court must decide the question in favor of arbitration.’ ” Am.

2013Co., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983)); accord Zabinski, 346 S.C. at 598 , 553 S.E.2d at 118 . “ ‘The heavy presumption of arbitrability requires that when the scope of the arbitration clause is open to question, a court must decide the question in favor of arbitration.’ ” Am.

12013–2013
Simpson v. MSA of Myrtle Beach, Inc. green
sc · 2007
2 sentences

2010Accordingly, the Court held "the inclusion of the MMWA in the scope of the arbitration clause is unenforceable as a matter of public policy.” Simpson, 373 S.C. at 33 , 644 S.E.2d at 673 . 5 .

2010Accordingly, the Court held "the inclusion of the MMWA in the scope of the arbitration clause is unenforceable as a matter of public policy.” Simpson, 373 S.C. at 33 , 644 S.E.2d at 673 . 5 .

12010–2010
South Carolina Public Service Authority v. Great Western Coal (Kentucky) Inc. green
sc · 1993
1 sentence

2008“Any doubts concerning the scope of the arbitration clause should be resolved in favor of arbitration.” Id.

12008–2008

Statutes the citing opinions construe

USC § 9u.s.c.1 (9) USC § 9u.s.c.2 (7) SC § S.C. Code Ann. § 15-48-10 (5) USC § 9u.s.c.1-16 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 83 (1997–2025) IL 74 (1976–2026) OH 73 (1996–2025) CA 52 (1979–2025) NY 36 (1956–2024) MN 25 (1975–2004) NJ 23 (1990–2022) PA 23 (1925–2026) SC 20 (1993–2021) MD 19 (1983–2026) AL 18 (1995–2013) FL 16 (1993–2024) CO 13 (1977–2015) MS 12 (2000–2017) MO 7 (2008–2016) MI 7 (1990–2026) CT 6 (1991–2009) GA 6 (2003–2025) IN 6 (2004–2012) LA 5 (2003–2016) NM 5 (2006–2024) TN 5 (2001–2015) NC 5 (1985–2011) VA 3 (1996–2011) UT 3 (2013–2023) WI 3 (2015–2015) AZ 3 (2012–2014) WA 3 (1998–2021) OR 3 (2005–2007) MT 2 (1986–1993) DE 2 (2008–2017) ME 2 (1993–2020) AK 2 (2005–2013) DC 2 (2013–2014) HI 2 (2018–2020) MA 2 (1992–2009) ID 2 (2003–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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