Menu
All articles tagged '"FAA"'
182 articles found
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
GUEST-POST PART II | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 25, 2011
By S.I. Strong In an opinion that was seen as a victory for corporate America, the Supreme Court upheld the waiver on the grounds that the California law was inconsistent with the FAA. As a result, the Concepcions could not initiate class proceedings and were required to have their dispute heard in individual arbitration. On its face, the opinion presents itself as a run-of-the-mill statutory analysis. However, the underlying sense is that the ju
GUEST-POST PART I | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 24, 2011
By S.I. Strong AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), always promised to be an interesting case. Not only did the dispute concern class arbitration, one of the most controversial procedural devices to develop in recent years, it did so in a way that set corporate interests squarely against states’ rights. Given that several Supreme Court Justices who are perceived as supporting big business also appear to favor federalist cau
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
AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision
By Victoria VanBuren - May 5, 2011
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion. The question presented was whether the FAA prohibits states from conditioning the enforceability of certain arbitration agreements on the availability of class-wide arbitration procedures. We thought you would like to read some interesting commentary about the opinion: AT&T Mobility, LLC v. Concepcion: FAA preempts rule that makes class action waivers in ar
GUEST-POST PART II | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis [See Part I here. ] Because the only valid grounds for vacatur now recognized by the Supreme Court are those grounds found in Section 10 of the FAA, the above statements by the Supreme Court in AT&T Mobility show that the Court in effect was stating that an arbitral failure to at least attempt to apply the Federal Rules of Civil Procedure in the Court’s hypothetical example would constitute either “misbehavior&#
GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force
By Victoria VanBuren - May 2, 2011
By James M. Gaitis Last week’s United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, 2011 WL 1561956 (U.S., April 27, 2011) no doubt will provide arbitration law commentators with ample fodder to debate merits the Court’s opinion as pertains not only to class arbitration but, also, related questions concerning federal preemption under the Federal Arbitration Act (FAA) and the “substantive federal law of ar
U.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
By Beth Graham - April 27, 2011
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Check back for more information on the case soon. Disputing‘s previous blog posted after the Court heard oral argument in the case is available here. Technorati Tags: law, ADR, arbitration
Dallas COA Refuses to Compel Non-Signatory to Arbitration
By Beth Graham - April 18, 2011
The Dallas Appeals Court has refused to compel a non-signatory to a contract to arbitrate under the Federal Arbitration Act (“FAA”). In Carr v. Main Carr Development, LLC, No. 05-10-01346-CV, (Tex. App. – Dallas, 03/31/2011), Main Carr Development (“MCD”) was a limited liability corporation organized to engage in real estate development projects. An operating agreement which did not contain an arbitration clause authorized MCD to engage in a vari
Supreme Court of Texas Holds TAA Applies Where No Evidence to the Contrary Demonstrated
By Beth Graham - April 5, 2011
The Supreme Court of Texas has held in a per curiam opinion that the Texas General Arbitration Act (TAA) applied to a dispute where a party invoked the TAA in a hearing on a motion to compel arbitration and no evidence was offered to show the TAA did not apply despite that the motion itself failed to invoke the act. In Ellis v. Schlimmer, No. 10-0243 (Tex., April 1, 2011), Ron and Tana Schlimmer purchased a home in Corpus Christi, TX from Veronic
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy