Wednesday , December , 13 2017
You are here : ADR Section Blog
ADR Section Blog
Want Updates? Subscribe!

Get the latest updates in your email box automatically.

ADR Blog - Search
ADR Blog - Archive
ADR Blog - Posts

From the monthly archives: June, 2016

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

Texas: Arbitrator's Receipt of Ex Parte Evidence does not Necessarily Rise to the Level of Misconduct

In Wright v. Menta, the Fifth District Court of Appeals considered whether the trial court erred by confirming an arbitration award based upon these points of error: (1) arbitrator misconduct by reviewing evidence submitted ex parte and in camera, (2) the arbitration award being unenforceable for vagueness, (3) the award of attorney's fees was outside the arbitrator's jurisdiction, and (4) the trial court unconstitutionally delegated its duty to the arbitrator. The Court of Appeals affirmed the trial court's confirmation of the arbitration award. The Court of Appeals held that the arbitrator--by reviewing in camera records relating to one side's attorney's fees--did not rise to the level of misconduct under Section 171.088 of the Texas Civil Practice and Remedies Code. Here, even if there was misconduct, it did not deprive the other party of a fair hearing because notice of the submission was made, the party objected to the arbitrator's consideration of the in camera, ex parte records, and the arbitrator ove ...

Read the rest of entry »

Texas: Constables are police officers with standing to assert collective bargaining rights, arbitration award upheld

In Jefferson County Constables Association v. Jefferson County, Texas, the Corpus Christi-Edinburg Court of Appeals held that deputy constables are police officers within the meaning of the Fire and Police Employee Relations Act with standing to assert a violation of their collective bargaining rights. While Jefferson County sought to vacate an arbitration award in favor of the Jefferson County Constables Association relating to the collective bargaining agreement, the Court of Appeals held that the arbitrator did not exceed his jurisdiction, had power to issue an award, and the award did not violate the Local Government Code. The issue at arbitration was whether the county, when eliminating several deputy constable positions, violated the collective bargaining agreement. The arbitrator determined the county did violate the CBA and issued an award reinstating certain deputy constables based upon seniority. The Court of Appeals held that the arbitrator's award did not usurp the county's statutory autho ...

Read the rest of entry »

Texas: TAA provides exclusive grounds for vacatur; extra-statutory grounds are not allowed

In Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc., the Texas Supreme Court resolved a split of authority on the question of whether a party seeking to vacate an arbitration award under the Texas General Arbitration Act may invoke extra-statutory, common-law vacatur grounds.  According to the Court's opinion, a bankruptcy court ordered the parties to mediation, which was unsuccessful, and in accordance with a prior settlement agreement approved by the bankruptcy court, that court then appointed an arbitrator. The arbitrator issued an award and one of the parties filed a motion to vacate on several grounds, including that the "arbitrator demonstrated a manifest disregard of the law by ignoring the bankruptcy court's injunction."  The Texas Supreme Court held that in the absence of a restriction of the arbitrator's authority in the arbitration agreement, or the specific vacatur grounds set out in the TAA, a court "shall confirm the award." Thanks to Ronnie Hornberger for bringing this decision ...

Read the rest of entry »

ADR Blog - Categories
ADR Blog - Recent Comments
  1. Re: Welcome to the SBOT ADR Section's Blog.

    Great job to all on this blog, I think it will be a great resource for the latest developments for the...

    -- Bre Binder