Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
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The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration hearing has been held, venue is proper in the county where the hearing occurred.
In this original mandamus proceeding, David Lopez, Sr., et al. (“Lopez”) entered into a written agreement with Regency Nursing Center Partners of Yoakum, Ltd. (“Regency”) to provide nursing home care for San Juana Lopez. The agreement contained an arbitration clause stipulating that arbitration would be conducted in Victoria County unless otherwise agreed. After Lopez submitted a demand to the American Arbitration Association for arbitration of their wrongful death and negligent care claims, the parties agreed by email to a specific arbitrator located in Travis County.
Read original articleTags: American Arbitration Association, County Where Arbitration, David Lopez, Ltd., Regency Nursing Center Partners of Yoakum, Sr., Texas Supreme Court
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