Texas Court of Appeals Holds that Incorporation of AAA Rules Evidenced Intent to Allow Arbitrator to Decide Gateway Questions


We got this interesting case from Jeffrey A. Ford, from the Dallas firm of Ford Nassen & Baldwin P.C.:

For those who care about Texas jurisprudence dealing with arbitrations, here you will find an opinion issued April 29, 2010, by the 5th District Court of Appeals in Texas. Of interest is the Court’s ruling that the incorporation of AAA Rules in the Contract satisfied the requirement that there be clear and unmistakable evidence of intent to allow the arbitrator to decide issues of substantive arbitrability. While certainly not a new argument, the state courts in Texas (as exemplified by the trial court in this case) have generally been very, very reluctant to give up the gatekeeper role on substantive arbitrability issues.

The deadline to file a petition for review of this decision in the Texas Supreme Court is June 14, 2010. Ford Nassen & Baldwin PC represented the prevailing party in this decision.

Jeffrey A. Ford
Ford Nassen & Baldwin P.C.
8080 N. Central Expressway
Suite 1600 LB 65
Dallas, Texas 75206
Phone: 214.523.5120
Fax: 214.521.4601
jaford@fordnassen.com

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