Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch

RULE 223

(a) Arbitration by Consent. Except criminal cases and civil cases in which the State or one of its political subdivisions is a party, the parties may agree to arbitration of the appeal in lieu of having the case decided by an appellate court. Before any case may be disposed of by arbitration, counsel for all litigants must agree in writing to disposition of the case in that manner. The arbitration panel shall consist of three (3) retired justices, retired judges, active or retired attorneys, or a combination thereof who shall consent in writing to serve. The parties shall select their own arbitrators. The parties agreeing to submit their appeal to arbitration shall file a completed consent to arbitration form supplied by the Clerk of the Supreme Court. Each arbitrator shall receive actual expenses and compensation in the amount of $150 for each case acted upon, to be charged against the losing party.

(b) Submission; Oral Argument. Counsel may agree to submit the case to the arbitrators on the basis of the transcript and the briefs filed or may require oral arguments. If a hearing is held it shall be at such place and time as counsel agree upon and need not be in Columbia.

(c) Decision. The arbitrators shall, within fifteen (15) days after argument, file their decision with the Supreme Court which shall be that the order or judgment on appeal be either (1) affirmed, (2) reversed, (3) modified, or (4) remanded. When the order or judgment is affirmed or reversed outright, no statement of reasons shall be required. If the order or judgment is modified or the case is remanded, a brief recitation of the modification or the purpose for which the remand is made shall be stated. No formal opinion shall be filed or published by the Supreme Court and the action of the arbitrator shall not serve as a precedent for any court of the State. In event of disagreement among the arbitrators a vote of two shall prevail.

(d) Judgment. The Supreme Court shall give to the decision of the arbitrators the same weight and force as a determination by the Supreme Court and judgment shall be entered and enforced accordingly. In no case shall the arbitrators' decision be subject to review. By consenting to arbitration, counsel and the parties waive all jurisdictional objections.