June 2014
Forum
The named arbitral forum is not a material term to agreements in which the parties agree to arbitrate “in accordance with” the named forum’s rules, absent other evidence to the contrary. However, when parties elect for a proceeding “administered by” a named forum, that forum should be viewed as integral to the arbitration agreement, absent evidence to the contrary.
Dean v. Heritage Healthcare of Ridgeway, Op. No. 27401 (S.C. Sup. Ct. filed June 18, 2014) (Shearouse Adv. Sh. No. 24 at 34).