How do I challenge the jurisdiction of an arbitrator?

If you want to challenge the jurisdiction of an arbitrator in South Carolina, the first step is to determine whether you have grounds to do so. Generally, it is acceptable to challenge jurisdiction when the arbitrator or the arbitration agreement does not comply with the law, or if the arbitrator is biased or has failed to comply with procedural requirements. The next step is to file a motion with the court that appointed the arbitrator to challenge jurisdiction. This must be done within 30 days of the arbitrator’s appointment. The motion should clearly state the grounds on which you are challenging, as well as any documents or evidence supporting your claim. After the motion has been filed, both parties will receive a notice of the hearing. At the hearing, the court will hear both sides of the argument and make a decision. If the court finds in your favor, then the arbitration will be dismissed and you will not have to proceed. Alternatively, if an arbitration agreement is subject to the South Carolina Uniform Arbitration Act, you can also challenge the jurisdiction of an arbitrator directly to the arbitrator. This should be done in writing and should include the grounds on which you are challenging. After receiving the challenge, the arbitrator will consider the issue and make a ruling on the challenge. If the challenge is denied, then the arbitration will proceed.

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