On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute. The facts of the case were discussed in a previous Disputingblog post:
In Wagner Oil Co. v. Apache Corp., No. 19-0243, Texas-based Wagner Oil Company (“WOC”) purchased certain Louisiana oil and gas assets from Apache Corporation by executing a purchase and sale agreement (“PSA”). The PSA was signed by Bryan Wagner on behalf of WOC. The PSA included an arbitration provision that incorporated the American Arbitration Association’s (“AAA”) Commercial Rules.
Soon after, an officer for WOC, Patterson, assigned the oil and gas assets that were purchased from Apache to Bryan Wagner, Trade Exploration Corporation, and Wagner & Cochran, Inc. The new assignment included the same effective date as the original one and specifically stated it was subject to the terms of the earlier assignment.
