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Arbitration Agreements › NC Supreme Court

Orrick, Herrington & Sutcliffe LLP

North Carolina Supreme Court upholds credit union’s right to enforce unilaterally inserted arbitration clause

Orrick, Herrington & Sutcliffe LLP on

On May 23, the North Carolina Supreme Court ruled that a defendant credit union can enforce an arbitration clause added to a customer’s contract years after its inception. The case centered on a “Notice of Amendments”...more

Ward and Smith, P.A.

More on King v. Bryant and Health Care Arbitration Agreements

Ward and Smith, P.A. on

As discussed in an earlier article, the North Carolina Supreme Court recently held, in King v. Bryant, that physicians have a fiduciary relationship with their patients due to the special relationship of trust and confidence...more

Mintz - Arbitration, Mediation, ADR...

State Supreme Courts Continue to Try to Chip Away at FAA Preemption; The United States Supreme Court Is Not Amused

Mintz - Arbitration, Mediation, ADR... on

The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended to be the exclusive codified arbitration law in all circumstances. However, the United States...more

Ward and Smith, P.A.

Your Patient Intake Forms May Need a Checkup

Ward and Smith, P.A. on

On January 27, 2017, the North Carolina Supreme Court held that a physician and his practice could not enforce an arbitration agreement against a patient where the physician and his practice did not make full disclosure to...more

Smith Anderson

NC Fiduciaries Have a Duty to Explain Arbitration Agreements in Contracts

Smith Anderson on

The Supreme Court of North Carolina recently issued an opinion that could have a substantial impact on the enforceability of arbitration agreements when a fiduciary relationship exists, particularly in the context of consumer...more

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