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All articles tagged '"arbitration clause"'
137 articles found
Houston COA Holds Subsequent Employment Contract Did Not Revoke Prior Arbitral Provision
By Beth Graham - February 2, 2015
Texas’ 14th District Court of Appeals in Houston has overturned a district court’s order denying arbitration in an employment dispute. In The Subsea Co. v. Payan, et al., No. 14–13–00849–CV (Tex. App – Houston [14th Dist.], September 18, 2014), an oil and gas specialty component manufacturer, The Subsea Company, hired a woman to serve as an account manufacturer.
Faith-Based Arbitration Clauses as a Global Alternative to Dispute Resolution
By Beth Graham - January 5, 2015
Albert D. Spalding Jr., Attorney and Associate Professor of Legal Studies at Wayne State University, has authored a thought provoking paper entitled “Faith-Based Arbitration Clauses as a Global Alternative to Dispute Resolution,” Review of Business & Finance Studies, v. 5 (2) p. 1-8, 2014.
Fifth Circuit Dismisses Appeal Over Arbitration Order Due to Lack of Jurisdiction
By Beth Graham - December 10, 2014
In Southwestern Elec. Power Co. v. Certain Underwriters at Lloyds of London, No. 13-31130 (5th Cir., November 24, 2014), a public power company operating in Texas, Louisiana, and Arkansas, SWEPCO, purchased insurance coverage from United Kingdom-based Certain Underwriters at Lloyds of London (“Underwriters”) related to the construction of a Louisiana power plant. The parties’ insurance contract contained an arbitration clause.
Fifth Circuit Reverses in Part N.D. of Texas’ Order Compelling Arbitration in Health Plan Sales Dispute
By Beth Graham - October 17, 2014
The United States Court of Appeals for the Fifth Circuit has reversed portions of a district court’s order compelling arbitration in a contract dispute. In Sharpe v. AmeriPlan Corp., No. 13-10922, (5th Cir., October 16, 2014), four independent business owners (“IBOs”) sold health plans and recruited other IBOs through a network for AmeriPlan Corporation.
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated
By Beth Graham - September 4, 2014
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others.
Texas Supreme Court Holds Agreement to Arbitrate is Not Substantively Unconscionable Despite Unenforceable Provisions
By Beth Graham - June 20, 2014
The Supreme Court of Texas has held that an arbitration agreement that includes an unenforceable provision is not substantively unconscionable and may be severed from the unenforceable provision.
‘Gap Filling’ by Arbitrators
By Beth Graham - May 12, 2014
Professor Alan S. Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, has published 'Gap Filling' by Arbitrators, International Council for Commercial Arbitration, Congress Series, 2014, Forthcoming.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
Dallas COA Holds Cellular Network Technology Dispute is Subject to Arbitration
By Beth Graham - March 12, 2014
Texas’ Fifth District Court of Appeals in Dallas has affirmed a lower court’s decision stating an agreement to arbitrate existed between two cellular network technology companies.
Settlement, ADR, and Class Action Superiority
By Beth Graham - February 5, 2014
D. Theodore Rave, Assistant Professor of Law at the University of Houston Law Center, has authored Settlement, ADR, and Class Action Superiority, Journal of Tort Law, 2014, Forthcoming.
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