Releases
| Gardere Attorney John Slates says Appeals Could Improve Arbitration Process |
| May 30, 2011 6:00 am |
The Supreme Court of Texas this week issued a ruling that could help solve one of the major complaints about the arbitration process - the lack of any real right of appeal of a runaway award. The Nafta Traders Inc. v. Quinn ruling could have a significant impact on the construction industry, which historically has relied heavily on arbitration to solve disputes, says Dallas attorney John Slates, head of the Construction Practice Group at Gardere Wynne Sewell. "Previously, once parties submitted a dispute to arbitration, that ruling was generally binding, with no opportunity for judicial appeal of the arbitrators' application of the facts or the law," he says. "Now, as long as both parties agree when the original contract is signed that it will be covered by the Texas Arbitration Act, the parties can provide for judicial review of arbitration awards on the terms provided for in their contract. In many ways, the Nafta Traders decision allows construction companies in Texas to get the best of both worlds." For information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.
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