Karl and I have written about arbitral awards and their potential appealability, and we’ve blogged on the subject several times (most recently here). Here in the Fifth Circuit, it is permissible to write a provision for appeal into an arbitration clause, allowing for judicial review of an arbitral award on a basis other than the extremely limited basis provided by the Federal Arbitration Act or the Texas Arbitration Act. However, not all ju

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On Wednesday, the Fifth Circuit released an opinion confirming an arbitral award (link is to .pdf file) in a dispute between two companies who had contracted to share in the duties of performing corrective laser eye surgery. The party that lost the arbitration sought vacatur on two grounds allowed in FAA jurisprudence: on the statutory ground that the arbitrator exceeded his authority, and on the non-statutory ground that the arbitrator manifestl

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The Eastern District of Texas blog is one of our favorites. Today, Michael Smith posted about a district judge’s decision to refuse to compel arbitration on the basis that the party seeking to arbitrate had waived that right by participation in the underlying litigation. We’ve discussed waiver as a defense to arbitration before. It will be interesting to see what, if anything, comes of this. Technorati Tags: arbitration, ADR, law

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The Texas Supreme Court handed down six opinions today; none of them has anything to do with arbitration. Sadly, we’re too busy to discuss any of them at length. We would note, however, that one of the opinions discusses the economic loss rule, and how one goes about asserting it in Texas. Technorati Tags: litigation, Texas Supreme Court, law

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