law-FAA-sample-language-from-arbitration-agreements litigated in Texas courts |
Texas Supreme Court Arbitration Jurisprudence | FAA | TAA
The arbitration provisions in the new account agreements stated:
Arbitration of Controversies. You agree that all controversies between you and your principals
or agents and Morgan Stanley Dean Witter or its agents (including affiliated corporations) arising
out of or concerning any of your accounts, orders or transactions, or the construction,
performance, or breach of this or any other agreement between us ... shall be determined by
arbitration only ....
In re Morgan Stanley & Co, Inc. No. 07-0665 (Tex. Jul. 3, 2009)(Medina) (arbitration vs. litigation:
legal capacity of party to arbitration agreement, does the court or the arbitrator decide the issue?)
The arbitration provision provided: Except for matters within the jurisdiction of the Railroad
Commission of Texas, any and all claims, demands, causes of action, disputes, controversies, and
other matters in question arising out of or relating to this Agreement, any of its provisions, or the
relationship between the Parties created by this Agreement . . . shall be resolved by binding
arbitration pursuant to the Federal Arbitration Act. . . .If a Party refuses to . . . arbitrate, the other
Party may seek to compel arbitration in either federal or state court. . . .The final hearing shall be
conducted within 60 days of the selection of the third arbitrator. . . [and] shall not exceed 10
business days.
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]