law-FAA-in-Texas-court | Texas Supreme Court Arbitration Jurisprudence | FAA | TAA
When deciding a motion to compel arbitration under the Federal
Arbitration Act, a Texas trial court applies Texas procedure, which
permits discovery to be taken when it is needed before the arbitration or
to permit the arbitration to be conducted in an orderly manner. Tex. Civ.
Prac. & Rem. Code § 171.086 (a)(4),(6); see also Jack B. Anglin Co. v. Tipps, 842 S.W.2d
266, 268 (Tex. 1992). In Re Houston Pipeline Co., LP, No. 08-0800 (Tex. 2009)(per curiam)
(discovery orders and motion to compel arbitration)(interaction of federal FAA and state
procedural law and TAA) (trial court ordered to rule on motion to compel arbitration, and to
lift prearbitration discovery orders found excessively broad).
IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;
13th district (13-07-00299-CV & 13-07-00362-CV, 269 SW3d 90,
08-26-08 Opinion of the Thirteenth Court of Appeals)
stay order issued October 17, 2008, lifted
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the
Court conditionally grants the petition for writ of mandamus.
Per Curiam Opinion [pdf - 4 pages]