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Texas Supreme Court Grants Petition for Review in Trust Arbitration Case

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by Victoria VanBuren

Monday, Jun 25, 2012


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On June 8, 2012, the Texas Supreme Court granted petition for review to Rachal v. Reitz, 347 S.W.3d 305 (Tex.App.—Dallas 2011, pet. granted). The issue is whether a provision stating the settlor’s intent that disputes involving the trust be resolved by arbitration is enforceable under the Texas Arbitration Act . The appellate court had declined to compel arbitration on the grounds that a valid agreement to arbitrate did not exist.

Here are the electronic briefs of the case:

  1. Petition for Review – Filed: 09/08/2011 [1.88 MB]
  2. Response to Petition – Filed: 01/04/2012 [80 KB]
  3. Petitioner’s Brief on the Merits – Filed: 03/19/2012 [195 KB]
  4. Respondent’s Brief on the Merits – Filed: 04/16/2012 [126 KB]
  5. Petitioner’s Reply Brief – Filed: 04/27/2012

Note that two articles by Professor S.I. Strong -contributor of this blog- have been cited in Petitioner’s Reply Brief.

Stay tuned!

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About Victoria VanBuren

Born and raised in Mexico, Victoria is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y de Estudios Superiores de Monterrey), or "the MIT of Latin America." She concentrated in physics and mathematics. Immediately after completing her work at the Institute, Victoria moved to Canada to study English and French. On her way back to Mexico, she landed in Dallas and managed to have her luggage lost at the airport. Charmed by the Texas hospitality, she decided to stay and made her way back to Austin, which she's adopted as home.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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