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All articles tagged '"personal jurisdiction"'
9 articles found
Supreme Court of Guam Upholds Harris County, Texas Court’s Order Confirming Arbitration Award
By Beth Graham - June 13, 2019
In a case of first impression, the Supreme Court of Guam has upheld a Texas court’s confirmation of an arbitration award that was issued against a Guam-based business.
New York’s Commercial Dispute Rocket Docket
By Renee Kolar - June 5, 2014
The state of New York now offers a consensual accelerated commercial dispute docket for the Commercial Division of its State courts. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts provides that disputing parties who consent to this process must be ready for trial in nine months (including completion of mandatory mediation).
Fifth Circuit Refuses to Confirm Foreign Arbitral Award Due to Lack of Jurisdiction
By Beth Graham - February 14, 2013
In a case of first impression, the United States Fifth Circuit Court of Appeals affirmed a district court’s refusal to confirm a foreign arbitral award due to lack of personal jurisdiction. In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited, No. 12-30377 (5th Cir. revised Jan. 17, 2013), First Investment Corporation of the Marshall Islands (“First Investment”) entered into a series of contracts to purcha
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
By Victoria VanBuren - January 21, 2013
First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju
W. D. of Texas Holds Dell Arbitration Agreement Illusory and Unenforceable
By Beth Graham - February 15, 2011
The Western District of Texas has dismissed a case for lack of personal jurisdiction after holding an arbitration clause in a reseller agreement was illusory and unenforceable. In Dell Mktg., L.P. v. Incompass IT, Inc., No. A-10-CA-590-SS, (W.D. Tex., February 9, 2011), Incompass IT, Inc., a reseller of Dell Marketing, L.P. products, purchased items from Dell totaling more than $75,000 and allegedly failed to pay for the products. Dell sued Incom
The First Court of Appeals of Texas Limits Scope of Special Master Authority in eDiscovery
By Beth Graham - September 16, 2010
In a very troubling opinion, the First Court of Appeals of Texas has held that providing a special master with unrestricted access to all documents on a hard drive and discretion to employ or modify search terms is impermissible when discovery is ordered in a special appearance context. In In re Howard K. Stern, No. 01-09-00438-CV, (Tex. App.—Houston [1st Dist.] August 25, 2010) celebrity Anna Nicole Smith’s mother, Virgie Arthur, alleged in an u
Texas Court of Appeals Declined to Confirm Arbitral Award
By Victoria VanBuren - March 18, 2009
In Credigy Receivables, Inc., v. Holt, No. 05-07-01577-CV, (Tex. App.–Dallas March 17, 2009), a Texas appellate court did not confirm an arbitral award because of invalid service of process. In July 2007, Credigy sued Barbara Holt to recover the balance due on Holt’s credit card account, after an arbitrator awarded Credigy $10,558.36. However, Credigy’s petition served to Holt was not verified and Holt did not answer the lawsuit
Russians, Texans and Arbitration
By Rob Hargrove - March 16, 2007
Earlier this week, the Fifth Circuit handed down an opinion holding that personal jurisdiction did not exist (link is to .pdf) as to several Russian companies that had been sued by a Texan company for allegedly breaching an agreement to produce natural gas from the Yuzhno-Russkoye gas field. Since the contract was executed in Russia and performance would have taken place in Russia, the Court affirmed a trial court ruling that no personal jurisdic
Friday, April 7, 2006
By Rob Hargrove - April 10, 2006
On Friday, the Third Court of Appeals issued an opinion in an accelerated appeal of a trial court’s denial of a special appearance, finding that the appellants in question did not have, in their individual capacities, sufficient contacts with the State of Texas to be subject to a Travis County District Court’s personal jurisdiction. The case involved a California corporation’s breach of a commercial lease of some Austin office s
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