Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

BHP Billiton Petroleum Inc. v. Atlantia Offshore Limited

Under �4 of the Federal Arbitration Act, the trial court was authorized to stay the arbitration based upon its findings that it was an unauthorized second-filed arbitration involving the same parties and subjects of dispute as the private arbitration. The interlocutory appeal challenging the trial court's temporary injunction from pursuing a second-filed arbitration is denied. Nos. 01-09-00509-CV & 01-09-00647-CV, 12-04-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements