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All articles tagged '"arbitration award"'
116 articles found
Part Four: Arbitration in Evolution
By Beth Graham - November 24, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration pr
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
By Beth Graham - October 28, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a nu
Houston COA Overturns Harris County Court Decision Confirming Arbitral Award Without Rendering Final Judgment
By Beth Graham - October 22, 2014
The Fourteenth District Court of Appeals in Houston has reversed a lower court’s decision confirming an arbitral award without rendering a final judgment. In Leslie v. Hill, No. 14-13-00600-CV (October 16, 2014), two individuals, the Hills, entered into a contract to purchase a majority interest a company from Robert Leslie in 2007. A provision in the agreement stated all disputes related to the purchase contract would be decided through binding
Dallas COA Affirms Arbitral Award Despite Evident Partiality Claims
By Beth Graham - September 23, 2014
The Fifth District Court of Appeals of Texas in Dallas has affirmed a trial court’s order confirming an arbitral award in a dispute between a residential builder and several homeowners.
Texas Supreme Court Denies Petition for Review in Fraud Suit Filed Following Arbitration
By Beth Graham - August 2, 2014
Yesterday, the Supreme Court of Texas denied a petition for review in a fraud case stemming from an arbitration proceeding.
Texas Supreme Court Overturns $26 Million Arbitral Award Over Improper Arbitrator Disqualification
By Beth Graham - June 21, 2014
Yesterday, the Supreme Court of Texas overturned a panel’s unanimous arbitration award because the American Arbitration Association (“AAA”) wrongfully disqualified one party’s selected arbitrator.
Fifth Circuit Affirms Arbitrator’s Decision in Insurance Dispute
By Beth Graham - June 13, 2014
The United States Fifth Circuit Court of Appeals has held that an arbitrator did not exceed his powers when he dismissed an insured’s untimely demand for arbitration.
Fifth Circuit Affirms Vacatur of Arbitration Award Where Intent to Arbitrate Was Not Clear and Unmistakable
By Beth Graham - June 3, 2014
The Fifth Circuit Court of Appeals has affirmed a lower court’s vacatur of an arbitral award in an employment dispute.
U.S. Supreme Court Declines to Hear Evident Partiality Claim Following FINRA Arbitration
By Beth Graham - May 27, 2014
The United States Supreme Court has refused to consider what constitutes an arbitrator’s obligation to disclose arguably relevant information pursuant to the “evident partiality” test included in the Federal Arbitration Act.
Amarillo Appeals Court Finds Arbitral Award Issued After Deadline May Not be Confirmed
By Beth Graham - May 22, 2014
Texas’ Seventh Court of Appeals in Amarillo has ruled that trial courts may not confirm an arbitral award that was issued after a deadline imposed by a court or the parties’ agreement.
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