· 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 CourtListenerSourced 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.