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Court Decisions about Arbitration
Crossing the Threshold: Arbitral Jurisdiction after BG Group
By Beth Graham - September 22, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has authored Crossing the Threshold: Arbitral Jurisdiction after BG Group, Melanges en l'honneur de Pierre Mayer (2015 Forthcoming).
Houston COA Orders All Parties to Arbitration in High Stakes Legal Malpractice Lawsuit
By Beth Graham - September 17, 2014
Texas’ Fourteenth Court of Appeals in Houston has reversed a trial court’s order denying arbitration in a legal malpractice dispute. In Greenberg Traurig, LLP v. National American Ins. Co., National American Insurance Company (NAICO) retained the services of an attorney at Greenberg Traurig, LLP (Greenberg) to defend Okie Foundation Drilling Co., Inc. (Okie) in an appeal in an accidental death case.
Houston Appeals Court Holds Issue of Arbitrability is for Arbitration Panel to Decide
By Beth Graham - September 16, 2014
Texas’ First District Court of Appeals in Houston has affirmed a trial court’s ruling that it was up to an arbitral panel to determine whether it had jurisdiction to hear a corporate tax dispute. In Halliburton Co. v. KBR, Inc., No. 01-12-00949-CV, (Tex. App – Houston, September 11, 2014), Halliburton spun off its wholly-owned subsidiary KBR in 2007. Prior to the separation, the companies entered into a number of agreements including a Master Se
Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration
By Beth Graham - September 11, 2014
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.
El Paso Appeals Court Holds Employee Failed to Prove Arbitration Agreement is Unconscionable
By Beth Graham - September 9, 2014
Texas’ Eighth District has overturned a trial court’s decision that an arbitration agreement is unconscionable. In Whataburger Restaurants, LLC v. Cardwell, No. 08-13-00280-CV (Tex. App. – El Paso, August 13, 2014), a woman, Yvonne Cardwell, signed an acknowledgement prior to beginning working as a dishwasher for Whataburger which stated she understood that any employment or injury disputes would be subject to arbitration in Dallas.
Houston Court Holds it Lacks Jurisdiction to Consider Interlocutory Appeal After Trial Court Compels Arbitration
By Beth Graham - September 8, 2014
Houston’s First District Court of Appeals has dismissed an interlocutory appeal over a trial court’s order compelling arbitration “for want of jurisdiction.”
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Individualized Injunctions and No-Modification Terms: Challenging ‘Anti-Reform’ Provisions in Arbitration Clauses
By Beth Graham - September 3, 2014
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law, has published Individualized Injunctions and No-Modification Terms: Challenging 'Anti-Reform' Provisions in Arbitration Clauses, University of Miami Law Review, 2014 Forthcoming; Cardozo Legal Studies Research Paper No. 437.
Fifth Circuit Holds Policy Exclusion Applies Where Arbitrator Relied on Express Warranty in Texas Construction Defect Case
By Beth Graham - September 2, 2014
The United States Court of Appeals for the Fifth Circuit has refused to order an insurance company to pay an arbitral award in a construction defect case.
Dallas Appeals Court Vacates Order Denying Arbitration in Marketing and Sales Case
By Beth Graham - August 12, 2014
Texas’ Fifth District Court of Appeals has vacated a trial court’s order denying arbitration in a marketing and sales dispute.
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