Pigs Do Fly:

A New Test Limiting the Scope of Arbitration Clauses in South Carolina

Author: Stephanie Lamb
Published: 59 S.C. L. Rev. 513 (2008)
The Note focuses on the impact of two recent South Carolina Supreme Court opinions that the Note argues has narrowed the scope of arbitration clauses in the state. The Note contends that in both Aiken v. World Finance Corp. of South Carolina and Chassereau v. Global-Sun Pools, Inc., the court added a new prong to the significant relationship test used to determine the scope of arbitration clauses, thereby allowing suits based on “outrageous torts” to avoid a prior arbitration agreement between the two parties. While this approach appears to be in conflict with both the federal and state policy in favor of arbitration, the Note argues that the South Carolina Supreme Court has made a wise and much needed decision in these two cases.