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All articles tagged '"arbitration award"'
116 articles found
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 Court of Appeals Denies Vacatur and Confirms Arbitration Award
By Victoria VanBuren - July 18, 2011
By Brett Goodman The Court of Appeals of Texas in Amarillo has affirmed a lower court’s decision to deny a motion to vacate an arbitration award. In Denver City Energy Associates, L.P. v. Golden Spread Elec. Co-op., Inc. 340 S.W.3d 538 (Tex. App.–Amarillo 2011, no pet.) Denver City Energy Associates (Denver City) appealed the decision to confirm an arbitrator’s award in favor of Golden Spread Electric Generating Cooperative, Inc. (GS Genera
Texas Tech Law Review Article | Alternative Dispute Resolution: Litigating Arbitration Slows as Mediation Becomes More Popular
By Victoria VanBuren - June 8, 2011
Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisti
Texas Court of Appeals Vacates Arbitration Award Based on Evident Partiality
By Victoria VanBuren - June 1, 2011
The Texas Fourteenth Court of Appeals affirmed the trial court’s denial of confirmation of an arbitral award. In AMOCO D.T. Co.v. Occidental Petroleum Corp., NO. 14-09-00651-CV, (Tex. App.–Houston [14th Dist.] May 17, 2011, Amoco D.T. Company (“Amoco”) and Shell Land & Energy Company (“Shell”) entered into a purchase-and-sale agreement with Occidental Petroleum Corporation (“Oxy”). Pursuant to the agreement, Oxy made a demand for
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
S.D. of Texas Confirms Foreign Arbitration Award Where Fraud Was Alleged
By Beth Graham - April 25, 2011
The Southern District of Texas has confirmed a foreign arbitration award despite that fraud was alleged because the public policy defense specified in the New York Convention does not preclude confirmation of a foreign arbitral award where the party arguing against confirmation also allegedly participated in the fraud. In Tamimi Global Co. v. Kellogg Brown & Root LLC, No. H-11-0585, (S.D. Tex., March 24, 2011), the United States of America aw
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
By Beth Graham - April 11, 2011
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case, Baylor Law Review, Forthcoming. In her article, Professor Blankley examines the process of med-arb from a confidentiality and privilege standpoint. Here is the abstract: As th
Dallas COA Refuses to Seal Arbitration Award Despite Parties’ Agreement
By Beth Graham - March 21, 2011
The Dallas Court of Appeals has held that a trial court properly rejected a party’s motion to seal an arbitration award as part of an enforcement petition despite the existence of a confidentiality agreement between the parties. In McAfee v. Weiss, 05-09-01102-CV (Tex. App. – Dallas, March 16, 2011), Kevin M. Weiss filed a petition to confirm an arbitration award against McAfee in state court. Weiss, a former president at McAfee, Inc. was t
Beaumont COA Holds Section 9 of the FAA Established One Year SOL
By Beth Graham - March 18, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that Section 9 of the Federal Arbitration Act (“FAA”) established a mandatory one year statute of limitations for the enforcement of arbitral awards. In Arthur v. FIA Card Services, N.A., No. 09-09-00520-CV, (Tex. App. – Beaumont, March 10, 2011), Sally LaRue Arthur (“LaRue”) appealed a judgment which confirmed a National Arbitration Forum (“NAF”) award because she was served with a m
Houston COA Holds Challenge to Applicability of FAA Was Waived
By Beth Graham - March 8, 2011
The Houston [1st] Court of Appeals has held a party to a transportation worker employment contract waived any challenges to the application of the Federal Arbitration Act (FAA) “by invoking it in the trial court.” In Morris v. Thomas Petroleum, No. 01-09-01065-CV, (Tex. App. – Houston [1st], March 3, 2011), Thomas Petroleum, Inc. and Thomas Fuels, Lubricants and Chemicals (collectively, “Thomas”) appealed a trial court’s confirmation of an arbitr
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