Karl Bayer's Disputing Blog

Houston Appeals Court Holds U.S. Courts Lack Authority Under Arbitration Agreement

By Beth Graham - January 6, 2011

In an interesting case currently on appeal to the Supreme Court of Texas, the Houston [1st] Court of Appeals vacated a trial court’s order appointing a three-person arbitration panel because the court was not the authority contemplated in the parties’ arbitration agreement. In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. App. – Houston [1st], March 19, 2010), DynCorp International, LLC and Aramco entered into a contract for a comput

Fifth Circuit Holds Motion to Compel Arbitration Not Enough to Defeat Preliminary Injunction

By Beth Graham - January 5, 2011

The Fifth Circuit Court of Appeals has held that a motion to compel arbitration did not defeat a federal district court’s preliminary injunction. In Janvey v. Alguire, et al., No. 10-10617, (5th Cir. December 15, 2010), the U.S. Securities and Exchange Commission filed suit in U.S. district court against the Stanford Group and other related corporate entities (collectively Stanford) alleging that Stanford perpetrated a multi-billion-dollar Ponzi

Law Review Article | I Could Have Been a Contender…

By Beth Graham - January 4, 2011

Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. Vol. 114:4, No. 1149, 2010. In her article, Professor Welsh argues that recent U.S. Supreme Court decisions may be underminin

2010 Arbitration Case Law: Texas Supreme Court

By Beth Graham - January 3, 2011

Continuing our 2010 Year-End Highlights series, we present today a summary of noteworthy arbitration opinions handed down last year by the Texas Supreme Court. In East Texas Salt Water Disposal Co. v. Richard Leon Werline, No. 07-0135, (Tex. Mar. 12, 2010), the Texas Supreme Court held that the Texas General Arbitration Act allowed an appeal from a trial court’s order which denied confirmation of an arbitration award, vacated the award and direct