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All articles tagged '"arbitration clause"'
137 articles found
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
By Beth Graham - July 3, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit to arbitration. In The Williamsburg Care Company L.P. v. Acosta, (No. 04-13-00110-CV), several former nursing home residents alleged that a long-term care facility committed a number of acts of negligence against facility patients.
Texas Supreme Court Issues Emergency Stay to Consider Arbitration
By Beth Graham - June 19, 2013
Last week, the Texas Supreme Court issued a stay in an interlocutory appeal regarding whether an ongoing natural gas dispute is subject to arbitration.
12 Ways to Achieve Efficiency and Speed in Arbitration
By Karl Bayer - June 17, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013).
U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
By Beth Graham - June 12, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
By Beth Graham - May 24, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.
Class Arbitration on the Ropes Again
By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument
Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause
By Beth Graham - March 26, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remov
Oral Argument Transcripts Now Available for Amex v. Italian Colors Restaurant
By Beth Graham - March 5, 2013
Last week, the United States Supreme Court heard oral arguments in American Express Corp. v. Italian Colors Restaurant, et al. (No. 12-133). The appeal from the Second Circuit addresses whether an arbitration clause that prohibits class action lawsuits is enforceable under the Federal Arbitration Act despite that it would compel arbitration of federal antitrust claims. It is the third time in three years the Supreme Court has considered the scope
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
By Beth Graham - February 27, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in th
Fifth Circuit Reverses Order Compelling Non-Signatory to Arbitrate
By Beth Graham - February 19, 2013
In an unpublished opinion, the Fifth Circuit has reversed a United States District Court’s order compelling a ship builder and a propulsion system manufacturer to arbitrate a dispute between them. In VT Halter Marine, Inc. v. Wartsila North America, Inc., No. 12-60051, (5th Cir. Feb. 8, 2013), a ship operator, Vessel Management Services, Inc. (“Vessel Management”) contracted with a ship manufacturer, VT Halter Marine, Inc. (“VTHM”), to build a nu
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