Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this interlocutory appeal,*fn1 appellant, BHP Billiton Petroleum (Americas) Inc., challenges the trial court’s temporary injunction enjoining it from pursuing a “second-filed arbitration” on its claim for breach of a construction contract against appellee, Atlantia Offshore Limited. Concluding that the arbitration involved “the same parties and same disputes” subject to an already pending arbitration proceeding, the trial court stayed and abated this “second-filed arbitration.” BHP also challenges the trial court’s order by petition for writ of mandamus.*fn2 In three issues, BHP contends that the trial court abused its discretion in enjoining it “from pursuing its contractual right to arbitrate its $67 million construction defect claim before arbitrators selected pursuant to the arbitration agreement,” in staying the arbitration initiated by BHP and allowing the other “special purpose arbitration panel to extend its jurisdiction to matters not submitted” to it, and in “refusing to enjoin the limited purpose arbitration panel from arbitrating disputes not submitted” to it. In its petition for writ of mandamus, BHP also contends that it does not have an adequate remedy by appeal.

We dismiss the interlocutory appeal and deny the petition.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.

Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.

Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

ASSOCIATE: Accessibility / Employment Litigation

The New York office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate to join its...

Apply Now ›

Bolton Caldwell Fellowship-Solicitor General Division

A. Bolton Caldwell Fellowship Solicitor General Division: The West Virginia Attorney General's Office welcomes applications from recent la...

Apply Now ›

MID-LEVEL ASSOCIATE: Traditional Labor

The Los Angeles office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level associate in its growing nat...

Apply Now ›



O'CONNOR, PARSONS & LANE are proud to announce that R. Daniel Bause and Robert A. Ballard, III have become partners of the firm.

View Announcement ›



Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement.

View Announcement ›



ABOTA NNJ would like to announce...

View Announcement ›