Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Area of Law: | Alternative Dispute Resolution |
Keywords: | Arbitration law; Uniform Arbitration Act |
Jurisdiction: | North Carolina |
Cited Cases: | 656 F.2d 933; 331 S.E.2d 726 |
Cited Statutes: | N.C. Gen. Stat. § 45A-1-567.1 et seq. |
Date: | 02/01/2000 |
North Carolina has adopted the Uniform Arbitration Act[1] and the decisions under that state’s statutes reveal no differences in application between North Carolina and other states. Years ago, it appears that North Carolina may have been dragged, kicking and screaming, into acknowledging arbitration agreements. See Mercury Constr. Corp. v. Moses H. Cone Mem’l Hosp., 656 F.2d 933 (4th Cir. 1981), aff’d, 460 U.S. 1 (1983). However, at present, it appears that North Carolina is in line with the other states and federal policy strongly favoring arbitration provided the parties have agreed in writing to arbitrate. See e.g., Rodgers Builders, Inc. v. McQueen Properties, Ltd., 331 S.E.2d 726 (N.C. Ct. App. 1985).
FOOTNOTES
[1]The North Carolina arbitration statute is at N.C. Gen. Stat. § 45A-1-567.1 et seq.
[…]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!