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Sep 11, 2018

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Recent Decisions on Arbitration

LPCH attorneys David Coale and John Adams recently published an article in “News for the Bar,” the quarterly publication of the Litigation Section of the State Bar of Texas, titled "Recent Decisions on Arbitration." The article discusses how the favored status of arbitration remains strong in most federal and state appellate decisions, saying,

"If a binding agreement to arbitrate exists, it will be enforced, and courts will be highly deferential to an award. Yet perhaps because arbitral awards are unlikely to be reviewed, courts will carefully review whether a binding agreement, in fact, exists."

The article focuses on three main assumptions - validity is a question for the arbitrator, a signature is required, and an erroneous conclusion is not manifest disregard of the law.

Click here to read the full article.