Issue: Does North Carolina’s arbitration law differ from that of most other states?
Area of Law:
Alternative Dispute Resolution
Arbitration law; Uniform Arbitration Act
656 F.2d 933; 331 S.E.2d 726
N.C. Gen. Stat. § 45A-1-567.1 et seq.
North Carolina has adopted the Uniform Arbitration Act 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. SeeMercury 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).
The North Carolina arbitration statute is at N.C. Gen. Stat. § 45A-1-567.1 et seq.
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