Karl Bayer's Disputing Blog » judicial review

Beaumont Court of Appeals Holds Arbitration Agreement Enforceable Despite “Biblical Scripture” Aspects

By Beth Graham - October 12, 2010

The Beaumont Court of Appeals has held that an arbitration agreement in an employment contract was valid and enforceable despite that the agreement included biblical scripture aspects and the parties failed to seek biblically based meditation prior to submitting their dispute to arbitration. In The Woodlands Christian Academy v. Weibust, 09-10-00010-CV, (Tex. App. – Beaumont, October 7, 2010), Monica Weibust brought claims against her former empl

Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”

By Beth Graham - September 8, 2010

Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup

Texas Supreme Court Hears Case on Standards of Judicial Review for Arbitration Awards After Hall Street

By Victoria VanBuren - October 8, 2009

As reported by the Texas Supreme Court Blog (thanks for the cite!) the Texas Supreme Court heard arguments today on the case NAFTA Traders, Inc. v. Margaret A. Quinn; from Dallas County; 5th district (05?07?00340?CV, 257 SW3d 795, 06?17?08). NAFTA Traders appeals the confirmation of an arbitral award in favor of Margaret Quinn in a sexual discrimination case under the Texas General Arbitration Act (TAA). The Dallas Court of Appeals relying on the

Professor Alan Scott Rau Gives Justice Souter a C-minus

By Rob Hargrove - June 5, 2008

A couple weeks ago, Prof. Rau over at the law school (with whom Karl has co-spoken about arbitration at a number of CLE programs) sent us a copy of his recent dissection of the Hall Street vs. Mattel Supreme Court opinion (link is to .pdf file), about which we blogged when it came out. The Professor, ahem, is not impressed with either the result or the handiwork: What truly appalled me about Hall Street, however, is not so much the unfortunate re

Glen Wilkerson on Hall Street v. Mattel

By Glen Wilkerson - April 19, 2008

Karl and I just got the following email from sometime contributor

Supreme Court to Rule on Appealability of Arbitral Awards

By Rob Hargrove - May 29, 2007

Karl and I have written about arbitral awards and their potential appealability, and we’ve blogged on the subject several times (most recently here). Here in the Fifth Circuit, it is permissible to write a provision for appeal into an arbitration clause, allowing for judicial review of an arbitral award on a basis other than the extremely limited basis provided by the Federal Arbitration Act or the Texas Arbitration Act. However, not all ju