Hicks Unlimited v. UniFirst

Summary

The court held that a contractual statement that the Federal Arbitration Act governs disputes does not itself establish that the contract falls within the FAA or permit preemption of South Carolina arbitration law. The party seeking arbitration must prove that the specific contract involves interstate commerce in fact, and the court found that UniFirst failed to do so with competent evidence. The court affirmed the circuit court's denial of arbitration and reversed the court of appeals.