In yet another “retained-acreage” dispute, the Amarillo Court of Appeals recently ruled that an assignee was entitled to retain all acreage covered by the assignment of four leases, where the assignment’s retained-acreage clause invoked the maximum acreage prescribed by the applicable field rules governing proration units, and, in the absence of any such field rules,
Arbitration
Parties May Agree to Expanded Judicial Review Under Texas Arbitration Act — Nafta Traders, Inc. v. Quinn
By Liskow & Lewis on
Posted in Arbitration
One of the prominent features of arbitration under the Federal Arbitration Act (“FAA”)[1] and the arbitration statutes of most states is a stringently limited right of appeal, which is integral to the goal of expeditious and economical dispute resolution. Some parties choose to arbitrate for reasons other than cost and efficiency, however, such as a…
Texas Supreme Court Sends Parties to Arbitration in JOA Dispute
By Liskow & Lewis on
Posted in Arbitration
By Natalie Barletta
The Texas Supreme Court in, In re Gulf Exploration, LLC, No. 07-0055 (Tex. Apr. 17, 2009), addresses when mandamus relief is available in connection with an order compelling arbitration. In this case, several working interest owners sued Great Western Drilling, their operator, claiming an opportunity to participate in wells drilled by…
Texas — Right to Arbitate Waived Without Proof of Prejudice to Opposing Party
By Liskow & Lewis on
Posted in Arbitration
The Supreme Court of Texas has never before found a waiver of the right to arbitrate, but in a recent five-to-four decision likely to attract multiple friend-of-the court briefs on rehearing, the court vacated an $800,000 arbitration award in favor of two homeowners and remanded their claims for trial based on the conclusion of five…