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Arbitration

Case from September 2013 to November 2013

Awards
An unsuccessful party in an arbitration proceeding may not prevent the confirmation of an award by paying the award prior to the confirmation proceeding.
Henderson v. Summerville Ford-Mercury Inc., Op. No. 27313 (S.C. Sup. Ct. filed September 11, 2013) (Shearouse Adv. Sh. No. 40 at 17).

Case from June 2013 to September 2013

Evident partiality
To determine if a claimant has demonstrated “evident partiality” pursuant to S.C. Code Section 15-48-130(a)(2) of the S.C. Uniform Arbitration Act, a court should examine the following four factors: the extent and character of the personal interest, pecuniary or otherwise, of the arbitrator in the proceeding; the directness of the relationship between the arbitrator and the party he is alleged to favor; the connection of that relationship to the arbitration; and the proximity in time between the relationship and the arbitration proceeding.
Crouch Construction Co., Inc. v. Causey, Op. No. 27300 (S.C. Sup. Ct. filed August 14, 2013) (Shearouse Adv. Sh. No. 36 at 85).