Arbitration-Related Litigation and Appeals

09/08/2006

Courts typically deal with arbitration-related disputes in two circumstances. First, when a party to a contract with an arbitration clause resists arbitrating a dispute, the parties to the contract often litigate the enforceability and scope of the arbitration clause before any arbitration proceeding commences. Second, after an arbitration panel renders its decision and issues an award, parties frequently turn to the courts to confirm, modify, or vacate the award. A steady stream of arbitration-related decisions has emanated from the Fifth Circuit and Texas appellate courts in recent years, including fourteen from the Texas Supreme Court alone since 2004. This paper, updating a series of papers by Elizabeth (Heidi) Bloch, is intended to provide an overview of these decisions.

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