Sunday, April 19, 2009

Mandamus review of order compelling arbitration

Texas Supreme Court finds that mandamus review is not available to vacate order compelling arbitration (this time)
.... and grants mandamus relief.

In the words of Justice Brister:

"We granted oral argument to address more specifically when mandamus relief is available in connection with orders compelling arbitration. Finding it is unavailable here, we conditionally grant the writ." [against the court of appeals, which opined otherwise]

Party opposing arbitration may get its day in (appeals) court later:

Arbitration-friendly Supreme Court finds that appeal from final judgment (presumably from order confirming arbitration award) is adequate remedy, notwithstanding delay and additional costs, where trial court stayed litigation by interlocutory order pending arbitration, rather than dismissing the action with a final appealable order prior to arbitration. Court holds that immediate mandamus relief may be appropriate in another case. (Perhaps in the next Perry Homes case?)

In Re Gulf Exploration, No 07-0055 (Tex. Apr. 17, 2009)
(arbitration mandamus, mandamus against order compelling arbitration as opposed to order denying arbitration) IN RE GULF EXPLORATION, LLC, ET AL.; from Midland County; 11th district (11-06-00244-CV, 211 SW3d 828, 11-30-06)
The Court conditionally grants the petition for writ of mandamus.
Justice Scott Brister delivered the opinion of the Court.

RELATED CONCEPTS: arbitration mandamus vs. interlocutory appeal of order compelling arbitration, order denying arbitration; stay vs. dismissal of suit when arbitration is compelled; abatement pending arbitration. Perry Homes v. Cull 258 SW3d 580 (Tex. 2008)(denial of right to arbitrate based on waiver finding)

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