Carolina Supreme Court regarding the enforceability of an arbitration agreement
Josh Whitley, argued this case before the Court and did a masterful
job of persuading the Justices. While the decision does not completely
settle things in our case, it is nonetheless a significant decision in our
state because it overturns some very unfavorable law in SC pertaining to the
issue of interstate commerce under the FAA. It also undermines the plaintiff’s
frequently asserted arguments regarding lack of forum availability and waiver.
All of which signals a shift toward enforceability of arbitration