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All articles tagged '"arbitration agreement"'
238 articles found
Ninth Circuit Refuses to Compel Arbitration Because Arbitration Clause Was Not Broad Enough to Cover Dispute
By Victoria VanBuren - September 21, 2011
In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a stranded vessel from a reef. The contract contained the following arbitration clause: Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and pra
Fifth Circuit Rules Non-Signatories Not Bound by Arbitration Agreement
By Victoria VanBuren - September 14, 2011
The U.S. Court of Appeals for the Fifth Circuit held that corporate officers did not personally agree to arbitrate and were not bound by an arbitration agreement. Covington v. Aban Offshore, No. 10-40449 (5th Cir. August 10, 2011) involves a dispute between Aban Offshore Limited (“Aban”), owner of an oil rig, and Guy Covington and Russell Covington, officers and employees of Beacon Maritime, Inc. (“Beacon”) a contractor hired to refurbish the rig
Fifth Circuit Finds Corporate Officers Not Personally Bound by Arbitration Agreement and Overturns Arbitral Award
By Victoria VanBuren - September 1, 2011
The United States Court of Appeals for the Fifth Circuit has held that corporate officers are not bound personally by an arbitration agreement and overturned an arbitral award. In DK Joint Venture 1 v. Weyand, No. 09-11000 (5th Cir. August 4, 2011) six business entities (the “plaintiffs”) filed an arbitration demand against Richard Weyand and Peter Theiessen and fifteen corporations controlled by them (the “defendants”). W
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
Texas Arbitration and Mediation Legislative Update | July 2011
By Holly Hayes - July 7, 2011
The following bills relating to alternative dispute resolution and health care were introduced by the 82nd Texas legislative session. The last day of the regular session was Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. I. ADR Bills that Passed SB 1216 provides that a court “may order arbitration only if the court determines that the contract containing the agr
U.S. Arbitration and Mediation Legislative Update | June 2011
By Victoria VanBuren - June 13, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Texas Arbitration and Mediation Legislative Update | May, 2011
By Holly Hayes - May 23, 2011
The following bills relating to alternative dispute resolution were introduced by the 82nd Texas legislative session. The last day of the regular session will be Monday, May 30, 2011. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Stay tuned to Disputing for more legislative updates! SB 1216 provides that a court “may order arbitration only if the court determines that the contract c
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
N.D. of Mississippi Rules Nursing Home Resident is Third-Party Beneficiary of Agreement to Arbitrate
By Beth Graham - April 26, 2011
Earlier this month, an interesting arbitration case was decided in the Northern District of Mississippi. In Cook v. GGNSC Ripley, LLC, No. 3:10CV018 (N.D. Miss., Apr. 14, 2011), the court held a nursing home resident was bound to an arbitration agreement as a third-party beneficiary. The American Health Lawyers Association reported, A federal trial court in Mississippi ruled April 14 that a negligence action against a nursing home by a deceased r
Dallas COA Refuses to Compel Non-Signatory to Arbitration
By Beth Graham - April 18, 2011
The Dallas Appeals Court has refused to compel a non-signatory to a contract to arbitrate under the Federal Arbitration Act (“FAA”). In Carr v. Main Carr Development, LLC, No. 05-10-01346-CV, (Tex. App. – Dallas, 03/31/2011), Main Carr Development (“MCD”) was a limited liability corporation organized to engage in real estate development projects. An operating agreement which did not contain an arbitration clause authorized MCD to engage in a vari
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