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You searched for: Alternative Dispute Resolution
Searching cases from 5/2013
- Tricon Energy Limited v. Vinmar International Limited
The appellant challenges a judgment confirming an arbitration award. The evidence supports the conclusion that the parties reached a binding agreement to arbitrate even though they did not sign the contract. If an arbitration panel has been granted authority by the parties to award a non-statutory rate of post-judgment interest, and if it wishes to do so, it must expressly award "postjudgment interest." The judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20100, 05-03-2013.
- Rachal v. Reitz
An inter vivos trust contained a provision requiring all disputes regarding the trust and the trustee to proceed to arbitration. When a trust beneficiary sued the trustee, the trustee moved to compel arbitration. The trial court denied the motion and the court of appeals affirmed. The beneficiary's acceptance of the benefits of the trust and suit to enforce its terms constituted the assent required to form an enforceable agreement to arbitrate. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0708, 05-03-2013.