Henderson v. Summerville Ford-Mercury Inc.

In a matter of first impression, the Court is asked to determine if an unsuccessful party in an arbitration proceeding may prevent the confirmation of an award by paying the award prior to the confirmation proceeding. The answer is no.

Diane Henderson (“Henderson”) filed an action against Summerville Ford-Mercury, Inc. (“Dealer”) alleging Dealer made misrepresentations to Henderson when she purchased a used vehicle. The circuit court granted Dealer’s motion to compel arbitration, and an arbitrator found for Henderson on her claims for violation of the South Carolina Unfair Trade Practices Act…