Karl Bayer's Disputing Blog » Court Decisions about Arbitration

S.D. of Texas Vacates Arbitral Award Based On Evident Partiality

By Beth Graham - February 2, 2011

The Southern District of Texas has held that an affidavit from a party’s attorney may be considered by a court when deciding a motion to vacate an arbitral award based upon evident partiality. In Dealer Computer Svcs., Inc. v. Michael Motor Co., Inc., No. H-10-2132, (S.D. Tex. December 29, 2010), Dealer Computer Services (Dealer Services) entered into a contract for the purchase of a computer system and service with Michael Motor Company, an auto

Corpus Christi COA Refuses to Compel Arbitration

By Beth Graham - February 1, 2011

The Corpus Christi Court of Appeals has refused to order a dispute to arbitration where a clause in a general partnership agreement provided for mediation. In Appling Farms & Appling Interests, Ltd. v. Turner Mgmt., Inc., No. 13-09-00051-CV, (Tex. App. – Corpus Christi, January 27, 2011), Appling Farms, Appling Interests and Turner Management, entered into a limited partnership agreement to run a fish farm, Lonestar Aquafarms, Ltd., loc

Article | Revelation and Reaction: The Struggle to Shape American Arbitration

By Beth Graham - January 28, 2011

Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape

S.D. Texas Sends Case Removed Under 9 U.S.C. § 205 Back to State Court

By Beth Graham - January 26, 2011

The Southern District of Texas has remanded a case removed to federal district court pursuant to 9 U.S.C. § 205 because the requirements for allowing a nonsignatory to compel arbitration with a signatory were not satisfied and no other basis for federal jurisdiction existed. In QPro Inc. v. RTD Quality Servs. United States, No. H-09-3904, (S.D. Tex. January 4, 2011), QPro Inc. (“QPro”), a Texas company that performs nondestructive testing and ins

Indiana Appellate Court Holds FAA Preempts State Discovery Statute

By Beth Graham - January 21, 2011

Disputing would like to thank Paul Lurie, partner at Schiff Hardin, LLP’s Chicago office for bringing In re the Subpoena Issued to Beck’s Superior Hybrids, Inc., No. 29A05-1008-MI-489, (Ind. App. January 12, 2011) to our attention. In the case, the Court of Appeals of Indiana held that Section 7 of the Federal Arbitration Act (“FAA”) preempted an Indiana discovery statute. Here are the facts: In 2002, Monsanto Company and Monsanto Tec

Texas Supreme Court to Hear Interlocutory Appeal of an Arbitral Order

By Beth Graham - January 19, 2011

On January 11th, the Supreme Court of Texas agreed to hear CMH Homes, Inc. et al. v. Perez, No. 10-0688. In the case, a dispute between a creditor and a purchaser of a mobile home arose. After both parties agreed their dispute was subject to arbitration under the Federal Arbitration Act, a trial court signed an order compelling arbitration and appointing an arbitrator over CMH Homes’ objections that such an appointment was premature. CMH Ho

Beaumont Appeals Court Holds Third Party Claims Subject to Arbitration

By Beth Graham - January 17, 2011

The Beaumont Court of Appeals has held in a memorandum opinion that a trial court properly compelled a party to arbitrate its claims against non-signatory third parties and properly entered judgment disposing of all claims where no evidence was offered against the third parties during arbitration. In Sabine Syngas, Ltd. v. Port of Port Arthur Navigation Dist., No. 09-09-00331-CV, (Tex. App. – Beaumont, January 13, 2011), the Port of Port Arthur N

Dallas Court of Appeals Vacates Arbitral Award Due to Arbitrator’s Non-Disclosure

By Beth Graham - January 12, 2011

The Dallas Court of Appeals has vacated an arbitration award because the arbitrator failed to disclose that he served as arbitrator in another case involving one party’s representative and a related company. In Alim v. KBR (Kellogg, Brown & Root) – Halliburton, No. 05-09-00395-CV, (Tex. App. – Dallas, Jan 10, 2011), Mohammad Alim was employed by KBR (Kellogg, Brown & Root) – Halliburton (“KBR”) and filed “an arbitration claim for em

GUEST-POST | 2010 U.S. Supreme Court and Fifth Circuit Activity Reports

By Beth Graham - January 10, 2011

By Don Philbin U.S. Chief Justice John Roberts released his sixth Year-End Report on the Federal Judiciary on New Year’s Eve. While most of the press coverage has turned on his discussion of judicial vacancies, a three-page appendix highlights the workload of the federal courts. The Clerk of the Fifth Circuit produces a similar workload report containing insightful statistics, and the Texas Lawyer recently reviewed certain statistics for t

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