concurring in part and dissenting in part:
After litigation was commenced in Illinois between most parties to this suit, the Illinois courts granted requests to submit the dispute to arbitration and dismissed those actions. When the respondents became dissatisfied with the actions of the appellants and feared the American Arbitration Association (AAA) would utilize a set of rules they felt did not favor them to select the third arbitrator, they filed this matter in South Carolina seeking to enjoin the AAA to utilize their preferred methodology. In response, the appellants filed a request for emergency relief in Illinois. The Illinois court required the AAA to determine the procedure to be used in this matter, and stated, “After the AAA makes such a ruling, the arbitration shall proceed consistent with the AAA’s ruling. The Court retains jurisdiction over the parties and this dispute.” The South Carolina circuit court then issued a permanent injunction requiring the AAA to use respondents’ preferred rules. This appeal follows.
I concurred in the result reached by the majority when this opinion first issued, and I concur in the decision now to reverse the injunction. I write separately, however, because of my concern that the majority’s opinion may be read to hold that the ability to appeal from final judgment is always an adequate remedy at law such that an injunction will never lie. I do not agree. Further, the posture of this case has a South Carolina circuit court injecting itself into an arbitration proceeding which is under the jurisdiction of the courts of Illinois. As a matter of comity and public policy, I would vacate the injunction and remand with instructions that this case be dismissed.