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Texas Supreme Court Rules on Appellate Court Jurisdiction Over Order Confirming Arbitration Award in Part and Vacating the Award in Part
By Victoria VanBuren - May 14, 2012
In Bison Building Materials, Ltd. v. Lloyd K. Aldridge, No.06-1084, _S.W.3d __ (Tex. April 20, 2012) the issue is whether an appellate court has jurisdiction over an appeal from a trial court order confirming an arbitration award in part and vacating the award in part based on the existence of unresolved questions of law or fact necessary to a ruling, yet the trial court did not expressly direct a rehearing. The Texas Supreme Court concluded that
Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement
By Victoria VanBuren - March 19, 2012
In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en
Texas Supreme Court Rules on Selection of Arbitrators
By Victoria VanBuren - February 6, 2012
In Americo Life, Inc. v. Myer, No. 10-0734 (Tex. Dec. 16, 2011), Americo Life, Inc., Americo Financial Life and Annuity Insurance Company, Great Southern Life Insurance Company, the Ohio State Life Insurance Company, and National Farmers’ Union Life Insurance Company (hereinafter “Americo”) and Robert L. Myer and Strider Marketing Group, Inc. (hereinafter “Myer”) contracted for Americo’s purchase of several ins
2011 Arbitration Case Law | Texas Supreme Court
By Victoria VanBuren - December 22, 2011
Continuing our 2011 Year-End Highlights series, we present today noteworthy arbitration cases heard by the Texas Supreme Court. On February 27, 2011, the Texas Supreme Court denied cert to a case where agreement required arbitrator to be Saudi National or Muslim Foreigner. 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 computer syst
U.S. Supreme Court Denies Cert to Nafta Traders v. Quinn
By Victoria VanBuren - October 24, 2011
Last week, the U.S. Supreme Court denied cert to Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011). In Nafta Traders, the Texas Supreme Court had held that the Federal Arbitration Act (“FAA”) did not preempt enforcement of an agreement for expanded judicial review of an arbitration award enforceable under the Texas Arbitration Act (“TAA”). Such enforcement was consistent with the FAA’s purpose of ensuring that
Texas Supreme Court Rules on Interlocutory Appeal of an Arbitration Dispute
By Victoria VanBuren - June 23, 2011
The Texas Supreme Court held that Texas Civil Practice and Remedies Code Section 51.016 does not allow an interlocutory appeal of an order appointing an arbitrator. In CMH Homes,et al.v. Adam Perez, No. 10-0688 (Tex., May 27, 2011), Adam Perez purchased a manufactured home from CMH Homes , Inc. from salesman Bruce Robinson Moore, Jr. and Vanderbilt Mortgage and Finance financed the purchase. The contract between CMH Homes and Perez contained an a
Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn
By Victoria VanBuren - May 13, 2011
The Supreme Court of Texas has held that the Texas General Arbitration Act (TAA) allows judicial review of arbitral awards by agreement beyond what the Federal Arbitration Act (FAA) allows. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Lehrmann joined. Chief Justice Jefferson, joined by Justice Wai
Supreme Court of Texas Holds TAA Applies Where No Evidence to the Contrary Demonstrated
By Beth Graham - April 5, 2011
The Supreme Court of Texas has held in a per curiam opinion that the Texas General Arbitration Act (TAA) applied to a dispute where a party invoked the TAA in a hearing on a motion to compel arbitration and no evidence was offered to show the TAA did not apply despite that the motion itself failed to invoke the act. In Ellis v. Schlimmer, No. 10-0243 (Tex., April 1, 2011), Ron and Tana Schlimmer purchased a home in Corpus Christi, TX from Veronic
Texas Supreme Court Denies Cert. Where Agreement Required Arbitrator to be Saudi National or Muslim Foreigner
By Beth Graham - March 16, 2011
The Supreme Court of Texas has denied a party’s petition for a writ of mandamus after the Houston [1st] Court of Appeals held U.S. courts lacked authority to appoint an arbitration panel. 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 computer system which was to be manufactured in the U.S. and installed at Aramco’s offices in Saudi
Texas Supreme Court Holds Arbitration Agreement May Grant Non-Signatories the Right to Compel Arbitration
By Beth Graham - March 14, 2011
The Supreme Court of Texas has held “parties to an arbitration agreement may grant non-signatories the right to compel arbitration.” In In re Rubiola, No. 09-0309, (Tex., March 11, 2011), Brian and Christina Salmon agreed to purchase a home from Greg and Catherine Rubiola with J.C. Rubiola acting as listing broker for the transaction. Brothers Greg and J.C. Rubiola jointly operate a number of real estate and mortgage companies in San Antonio, inc
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