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From the monthly archives: December, 2016

We are pleased to present below all posts archived in 'December, 2016'. If you still can't find what you are looking for, try using the search box.

Texas: Trial court did not abuse discretion in denying motion to strike; summary judgment affirmed

In Didmon v. American Arbitration Association, Inc. et al., the First Court of Appeals held that the trial court correctly acted within its discretion. Here, Didmond sued Frontier Drilling, USA, Inc. for personal injuries sustained in Singapore. Frontier removed the state suit to federal district court and Didmond moved to remand. In the federal court, Didmon argued that an arbitration agreement was not enforcible. Agreeing with Didmon, the federal court remanded the suit. After remand, Frontier moved to compel arbitration under another arbitration cluse found in Didmon's employment agreement. The trial court denied the motion, there was an appeal, and the appeallate court reversed and remanded. The trial court then dismissed Didmon's suit without prejudice, ordering that the defendants could raise limitations defenses if Didmon did not initiate arbitration within 60 days. Didmon did initiate arbitration proceedings in Singapore, where he demanded arbitration with the AAA, relying upon the arb ...

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Texas: Did arbitration agreement expand judicial review of award?

In Denbury Onshore, LLC v. Texcal Energy South Texas LP, et al., the Fourteenth Court of Appeals was asked whether the parties contracted to expand judicial review of the arbitration award under conventional appeal standards from a final judgment, instead of the limited grounds for reversal under the Federal or Texas arbitration acts. Relying upon the U.S. Supreme Court's decision in Hall St. Assocs., LLC v. Mattel, Inc, the Fourteenth Court of Appeals held that parties to an arbitration agreement governed by the FAA, but not the TAA, may not contractually supplement the statutory bases for vacatur denied in the statute. In Nafta Traders, Inc. v. Quinn, however, the Texas Supreme Court held that when only the TAA applies, or when both the TAA and the FAA apply, parties may contract for expanded court review of the arbitration award by agreeing that the arbitrators do or do not have the power or authity to reach a decision based on reversible error. Here, the Court of Appeals held presumed that both ...

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