A business contract may direct disputes to arbitration rather than a court trial. Before assuming where or how to proceed, the agreement and applicable law should be reviewed.
Understand the procedure the parties selected
We identify the arbitration clause, the parties it covers, the stated rules, the forum, and any disagreement about whether arbitration is required. Court proceedings may still arise over those questions.
Plan for evidence and the award
Arbitration still requires investigation, organized proof, and attention to the applicable procedure. It should not be marketed as automatically cheaper or as providing the same review of an award as an ordinary appeal from a trial judgment.
Issues for review
- Demands for arbitration under commercial agreements
- Disputes over whether a clause applies
- Preparation for an accepted business arbitration engagement
Questions about this dispute
Does every agreement involving interstate business require arbitration?
No. The agreement and applicable law need analysis, including any relevant statutory exclusions. This is particularly important before making assumptions about trucking agreements.
Can an arbitration award be challenged like any court judgment?
Do not assume the same avenues of review apply. Statutory grounds and procedural requirements for an award require separate analysis.
Texas law references
General information. The application of these authorities depends on the dispute.