Is there an appeals process for a motion to compel, stay or vacate an arbitration award?
Yes, there is an appeals process for a motion to compel, stay or vacate an arbitration award in South Carolina. If a party believes the arbitration award is incorrect or that the arbitrator has made a legal error, they may petition the circuit court to review the award and issue a new one. First, a party must file a Notice of Appeal in the circuit court of their county within 30 days of the issuance of the arbitration award. The notice must include information about the arbitration, a copy of the award, and certification that all required documents and payments have been made. The circuit court will then review the arbitration award and may uphold, modify, or reverse the arbitration award. Additionally, the circuit court may remand the award back to the arbitration court for further proceedings. The appellate court decision of the circuit court is final and binding, and cannot be appealed to the Supreme Court. There is also a right to appeal the circuit court’s decision to the South Carolina Supreme Court. The party must file a petition for a writ of certiorari in the Supreme Court within 30 days from the circulated court order. All parties, including the arbitration court, must be notified of the petition. The Supreme Court has the authority to review the case and decide to uphold, modify, or reverse the appeals court’s decision.
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