Originally published by Gene Roberts.
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 …
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/1sQ6BzB
via Abogado Aly Website
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