WebJul 2, 2024 · This year, the Supreme Court of Texas issued two key decisions that may provide employers with stronger legal grounds for enforcing their arbitration agreements. In re Copart, Inc.: Pre-Arbitration Discovery. Once a motion to compel arbitration is filed, opposing counsel will often petition the trial court to permit pre-arbitration discovery in ... WebFeb 3, 2024 · (See eg., Tex. Prop. Code, §27.0041 (a) (“If a claimant files suit seeking from a contractor damages arising from a construction defect in an amount greater than $7,500, the claimant or contractor may file a motion to compel mediation of the dispute. The motion must be filed not later than the 90th day after the date the suit is filed.”);
Arbitration Provisions in Texas Premarital Agreements
WebThe trial court stayed the AAA arbitration and denied MP Gulf’s motion to compel. MP Gulf appealed under Texas Civil Practice and Remedies Code Sections 51.016 and 171.098. The court of appeals reversed, holding that the parties had delegated arbitrability, including the question of which agreement controls the dispute, to the WebSep 1, 2024 · 1221 McKinney, Suite 2100 Houston, Texas 77010 Telephone: (713) 547-2528 raising of london circuit
Can Courts Enforce Contractual Mediation Provisions?
WebSep 19, 2016 · In Heston v.GB Capital, LLC, 16cv912 (S.D.Cal. 2016), a contract provided that disputes must first be submitted to non-binding mediation, and then arbitration. When the plaintiff filed a lawsuit in court without first mediating or arbitrating, the defendant sought to compel both mediation and arbitration under the Federal Arbitration Act, 9 U.S.C. §4. WebDefendant hereby moves this court to compel arbitration and stay the proceedings in this case. 2. The contract referenced in the complaint filed with the court contains a binding arbitration provision mandating that any and all disputes be resolved in arbitration. 3. A copy of the agreement is attached to this motion and was attached to the ... WebCompelling and Staying Arbitration in Texas. by Brian T. Bagley and Sean M. Cichowski, Akerman LLP, with Practical Law Arbitration. A Practice Note explaining how to request judicial assistance in Texas state court to compel or stay arbitration. This Note describes what issues counsel must consider before seeking judicial assistance and ... raising of tabitha