South Carolina Arbitration Reference Clause

State:
Multi-State
Control #:
US-TS10042A
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.

How to fill out Arbitration Reference Clause?

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FAQ

There are specifics that matter in SC. For example, it's important that process servers properly identify the person being served. Additionally, while the state typically allows Sunday service, in many cases parties cannot be served while going to or from a regularly or specially scheduled religious service on Sunday.

The FAA provides that a written provision in any contract "involving commerce" that requires disputes be resolved by arbitration shall be valid, irrevocable, and enforceable." How courts should make the determination of whether interstate commerce is implicated has been the subject of numerous court decisions.

(1) Where an arbitration agreement provides that a reference shall be to three Arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two ...

Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

Ing to South Carolina Code Section 15-49-10(B) a parent may petition the Family Court to have their child's name changed. If the Family Court finds that the name change is in the best interest of the minor child, the court must grant the petition.

Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to ...

South Carolina Code Ann. §§ 38-77-710 to -770 provide for the arbitration of property damage liability claims, including the award of actual and punitive damages, arising out of motor vehicle accidents. Any party to the disputed claim may request arbitration by filing a Summons for Arbitration.

(a) On application of a party showing an agreement described in Section 15-48-10, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the ...

In arbitration, a qualified person makes a decision after the parties have presented their sides of the dispute. This decision can be binding or nonbonding. If it is binding, the arbitrator's decision becomes part of a contract between the parties.

Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.

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South Carolina Arbitration Reference Clause