Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
November 6, 2013

The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...

SD of Texas Compels Arbitration with Nonsignatory in Maritime Dispute
September 24, 2013

The Southern District of Texas has ordered arbitration with a nonsignatory in a maritime contract dispute.  In Kingsbury Navigation Ltd. v. Koch Supply & Trading, LP, No. 4:12-CV-1851 (S.D. Texas, August 24, 2013), Kingsbury Navigation, Ltd. (“Kingsbury”) entered into an agreement with Koch Shipping, Inc. (“Koch Shipping”) to utilize Kingsbury’s tanker, the Seadancer, to transport fuel.  The agreement between the parties contained an arbitration clause.  As is normal practice in the industry,...

Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
June 13, 2013

The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract.  In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker.  The parties entered into a binding agreement through the broker using three memoranda to confirm the terms of the deal.  The following day, a representative for Tricon sent a Vinmar...

El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
June 6, 2013

Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...