Supreme Court of South Carolina
Leo Zabinski and John Brainard, Appellants v. Bright Acres Associates, a South Carolina General Partnership, Henry…
September 4, 2001346 S.C. 580
Summary
The court held that the Federal Arbitration Act applies because the partnership's activities involved interstate commerce, and that the Act preempts South Carolina's special arbitration-notice requirement to the extent it would invalidate the parties' arbitration agreement. It compelled arbitration of disputes arising from the partnership agreement, including winding up, management, property-sale proceeds, and related tort claims, but excluded attorney-malpractice claims and the separate purchase dispute. The court also held that the temporary restraining order was procedurally defective, but the issue was moot because the order had expired, and appellants suffered no prejudice from the unadjudicated motion concerning return of funds.