Tuesday, January 24, 2017

Texas: Arbitration provision did not confer personal jurisdiction

Originally published by Gene Roberts.

In Guam Industrial Services, Inc. v. Dresser-Rand Co., the First District Court of Appeals consdiered an accelerated interlocutory appeal from an order denying GIS’s special appearance. Dresser-Rand and GIS had a contract for repair and restoration work, with Dresser-Rand suing GIS in district court. Dresser-Rand contended that the trial court had jurisdiction because the arbitration provision in the contract operated as a forum-selection clause where GIS consented to personal jurisdiction in Houston. In response, GIS filed a special appearance, which was denied.

The First Court of Appeals reversed the trial court’s order and rendered judgment granting the special appearance.

The arbitration provision in the contract stated that “Judgment upon the award may be entered in any court having jurisdiction…The site of such arbitration shall be either in Buffalo, New York or Houston, Texas.”

In its opinion, the First Court of Appeals held that “an arbitration agreement is a typ …

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/2jn6Wbi
via Abogado Aly Website

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