Karl Bayer's Disputing Blog » Court Decisions about Arbitration

Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract

By Beth Graham - May 24, 2013

The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.

El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error

By Beth Graham - May 14, 2013

Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with American Arbitration Association (“AAA”) rules. The court granted CPC’s motion and compelled the dispute to arbitration but required the parties to engage in arbitration with only one court-appointed arbitrator instead of before a panel of three arbitrators.

Texas Supreme Court Holds Trust Dispute Must be Arbitrated

By Beth Graham - May 9, 2013

Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. In Rachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunctio

Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court

By Beth Graham - May 7, 2013

The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. Next, the Appeals Court dismissed Appellants’ argument that Aflac’s request for arbitration and motion to enjoin their state-law claims was barred by the Anti-Injunction Act.

Corpus Christi COA Upholds $31 Million Arbitral Award

By Beth Graham - May 1, 2013

The 13th District of Texas has upheld an arbitral award in an investment dispute. Shor also stated the agreements between Seashore and Black required the parties to resolve any disputes through arbitration and requested pre-arbitration discovery.

U.S. Supreme Court Declines to Review Two Lawsuits Filed Against Nursing Homes Where Heirs Signed Arbitration Agreements

By Beth Graham - April 29, 2013

Last week, the United States Supreme Court reportedly refused to consider two wrongful death cases against nursing homes in Illinois and Kentucky where the plaintiff signed an arbitration agreement. After a number of appeals, the Illinois Supreme Court held that Carter’s lawsuit could proceed despite that she signed the agreement to arbitrate.

Dallas Appeals Court Holds Arbitral Award Must Stand in Construction Dispute

By Beth Graham - April 27, 2013

The Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision to confirm an arbitral award in a construction dispute. In Goldman v. Buchanan, Beryl Goldman entered into a contract to design and build a new house with an architect, Russell Buchanan, and a builder, Lawrence Wallace. The parties' agreement contained an arbitration provision.

Dallas Appeals Court Compels Arbitration in Interlocutory Appeal

By Beth Graham - April 18, 2013

The Fifth District Court of Appeals in Dallas has ruled in an interlocutory appeal that a lower court committed error when it denied a company’s motion to compel arbitration. In Phytel, Inc. v. Smiley, No. 05-12-00607-CV, (Tex. App.--Dallas Apr. 5, 2013, no. pet. h.), James Smiley was a former Chief Executive Officer at Phytel, Inc.

Second Circuit Sends Employment Discrimination Case to Arbitration

By Beth Graham - April 17, 2013

According to the Appeals Court, Supreme Court precedent required the three-judge panel to interpret the Federal Arbitration Act in such a way that favors an agreement to arbitrate even in cases that involve federal statutory claims. This holding is especially significant because the burden of proof regarding the alleged pattern of discrimination would have reportedly shifted to Goldman Sachs if the court had held that Parisi was allowed to pursue

Fifth Circuit Reinstates Arbitral Award in Video Game Dispute

By Beth Graham - April 16, 2013

The United States Fifth Circuit Court of Appeals has reversed a district court’s order vacating an arbitral award in a dispute between a video game publisher and developer. After Gamecock filed a motion to confirm the arbitral award in district court, Timegate argued the arbitrator exceeded his authority in crafting the perpetual license portion of the award.