OUR NEUTRALS
Honorable Frank McFadden (Ret.) Northern District of Alabama Yale, JD 1955; Mississippi, BA 1950 FULL BIO
 —Warren E. Burger, Chief Justice, U.S. Supreme Court With the passage of the Federal Arbitration Act of 1925, the United States government firmly established arbitration as viable means of dispute resolution. Federal and state courts have consistently upheld the FAA and supported the services provided... FULL STORY
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TODAY IN ADR
/ March 9, 2010
The South Carolina Supreme Court has held that section 5 of the Federal Arbitration Act (FAA) does not allow for the appointment of an alternate arbitrator when the designated administrator refuses to hear the parties’ dispute, finding that the selection of an arbitrator implies the waiver of certain procedural rights and that the selection of an arbitral forum is therefore a “material term.”
In Grant v. Magnolia Manor-Greenwood, Inc., No. 26668, 2009 WL 1678204 (S.C. June 15, 2009), Grant admitted his wife to the Magnolia nursing home facility. Upon admission, Grant executed the admission contract on his wife’s behalf. The contract contained a broadly-worded arbitration agreement specifying the National Health Lawyers Association, later the American Health Lawyers Association (AHLA), as the arbitration administrator...
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