Karl Bayer's Disputing Blog » arbitration clauses

The Texas Perspective on Arbitration of Attorney/Client Disputes

By Victoria VanBuren - February 4, 2009

At Disputing, we have discussed before the issue of arbitrating with your client. Following ABA’s Opinion 02-425 which permits attorneys to include arbitration of fee and malpractice disputes in retainer agreements, the Professional Ethics Committee for the State Bar of Texas has issued Opinion No. 586. This opinion resolves the question of binding arbitration clauses in lawyer-client engagement agreements under the Texas Disciplinary rules of Pr

Legislature Considering Limitations on Consumer Arbitration

By Rob Hargrove - March 20, 2007

We recently blogged with Rick Freeman about the important distinctions between consumer (“take it or leave it”) arbitration agreements and agreements to arbitrate between sophisticated commercial parties. We’ve just skimmed HB 3091 (link is to .pdf file), which if passed would severely restrict or outlaw the widespread use of arbitration agreements in consumer contracts in Texas. We will, of course, keep our eye on this. However

I Missed One

By Rob Hargrove - June 1, 2006

Yesterday, the Workplace Prof Blog pointed out in a post that the Fifth Circuit had issued an opinion, back on May 18, 2006, in which it refused to compel arbitration (link is to .pdf file of the opinion). Obviously, this is a big deal and an unusual event in the Circuit, so apologies for us having missed the opinion. The reason for the omission, for the curious, is the Court’s decision to not publish the opinion. We are frankly not as dili

Non-signatories and arbitration of personal injury claims

By Rob Hargrove - October 31, 2005

On Friday, the Texas Supreme Court handed down an opinion granting Petition for Writ of Mandamus compelling a non-signatory to an arbitration clause to arbitrate personal injury claims the Court itself admits do not stem from the contract which contains the arbitration clause. The plaintiff in the underlying case asserted personal injury claims against a home builder, claiming that she developed asthma from the dust created by the home builder

ARBITRATION LEGITIMACY — UNCONSCIONABILITY

By Rick Freeman - September 19, 2005

Guest blogger Rick Freeman contributes commentary about a recent San Antonio Court of Appeals opinion about the enforceability of arbitration clauses. In my last article I discussed the need for fairness in arbitration agreements. Failure to have fair terms in the arbitration agreement or failure to provide a fair arbitration proceeding will result in a perceived lack of legitimacy in the arbitration result. If arbitration results are not perceiv