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ARBITRATION 2000: CASE LAW UPDATE

Annual Meeting
Construction Law Section
State Bar of Texas

June 23, 2000
San Antonio, Texas

Lionel M. Schooler

Jackson Walker, L.L.P.
Houston, Texas
E-Mail: Lschooler@Jw.Com




Abstract

This presentation focuses upon arbitration cases decided in 1998, 1999 and 2000 (through 6/15/00).

The attached chart contains citations to the cases utilizing the following "issues legend":

No.Issue CodeReference: Issue Presented
1.I.Is there an agreement to arbitrate?
2.II.Which statute governs the arbitration rights and procedures of the parties?
3.III.Is the dispute within the scope of the arbitration agreement?
4.IV.Are there external constraints precluding arbitration (condition precedent, etc.)?
5.V.Has a party waived its right to arbitrate or any of its arbitral rights?
6.VI.What is the scope of the arbitrator's authority?
7.VII.What are the procedures and standards for review of decisions on arbitrability?
8.VIII.Under what circumstances can an arbitrator's award be overturned?

Court references and citations should be self-explanatory for each respective court.




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