by Rick Freeman Two recent decisions by the Texas courts of appeals show how far the Courts have gone in enforcing arbitration agreements – no matter what the facts. In Southwind Group, Inc., v. Landwehr (No. 11-05-00247-CV, No. 11-05-00324-CV; 2006 Tex. App. LEXIS 896), decided February 2, 2006, the Eastland Court of Appeals reversed a [...]
Continue reading about ARBITRATION IS GOD – FIRST INSTALLMENT
By Rick Freeman In a recent article herein, Karl and Rob discussed the recent opinion by the Texas Supreme Court – In re Weekley Homes, L.P. In that decision the Texas Supreme Court compelled a non-signatory to a contract to submit her personal injury claim to arbitration pursuant to the home purchase contract. Basically, the [...]
Continue reading about COMPELLING NON-SIGNATORIES TO ARBITRATE
Rick Freeman Commentary One argument that is regularly made by lawyers who are attempting to compel arbitration is to ask the Court to reform the arbitration clause in some way, if the Court feels that the arbitration clause is so unfair or one-sided that it could be unconscionable. This is generally a difficult argument to [...]
Continue reading about YOU CANNOT WAIVE THE OFFENDING ARBITRATION PROVISION
Rick Freeman Commentary Following up on my article last week regarding the Olshan case – in which the San Antonio Court of Appeals found that the high cost of the required arbitration to be “shocking” and unconscionable and therefore the arbitration provision was unenforceable – I want to examine two appellate cases decided in 2004 [...]
Guest blogger Rick Freeman contributes commentary about a recent San Antonio Court of Appeals opinion about the enforceability of arbitration clauses. In my last article I discussed the need for fairness in arbitration agreements. Failure to have fair terms in the arbitration agreement or failure to provide a fair arbitration proceeding will result in a [...]
Continue reading about ARBITRATION LEGITIMACY — UNCONSCIONABILITY
[ed. note: we've asked a number of our colleagues to offer guest-blogs about Texas dispute resolution, and our old friend Rick Freeman is the first to chime in. We look forward to continuing columns from Rick.] I am honored to have been extended the opportunity to contribute to the KarlBayer.com blog. I know Karl Bayer [...]
ARBITRATION IS GOD – SECOND INSTALLMENT
By Rick Freeman In IN RE HERITAGE BUILDING SYSTEMS, INC, No. 09-05-445-CV, decided by the Beaumont Court of Appeals on February 9, 2006, we find another decision by the Texas appellate courts that lends further proof to my belief that Arbitration is God in Texas courts. In this case, Bohler bought materials to construct a [...]
Continue reading about ARBITRATION IS GOD – SECOND INSTALLMENT