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· 7/12/1993

Osteen v. T.E. Cuttino Construction Co.

Citations

  • 434 S.E.2d 281
  • 315 S.C. 422
  • 1993 S.C. LEXIS 146

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the governing law provision of a contract, although separate from the arbitration agreement clause, “indicates the parties’ agreement to have the validity and construction of the contract determined by arbitrators according to the substantive law”
  • holding that the governing law provision of a contract, although separate from the arbitration agreement clause, \indicates the parties' agreement to have the validity and construction of the contract determined by arbitrators according to the substantive law\
  • holding formal requirements of section 15-48-10(a) must be met before the dispute can be subject to arbitration
  • where contract involves interstate commerce, state law regarding arbitration is supplanted by federal substantive law
  • “It is undisputed that the contract does not conform to the requirements of section 15-48-10(a).’ 1
  • where an arbitration agreement was ambiguous, and no extrinsic evidence of intent of the parties was presented, the court interpreted a choice-of-law provision in an arbitration agreement to require the arbitrators to apply New York substantive law, but not New York arbitration law

Source: CourtListener parenthetical corpus (CC0).

Judges: Chandler, Finney, Harwell, Moore, Toal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.