X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted on September 24, 2009

OPINION

We are asked to determine whether the trial court erred in refusing to compel arbitration. Texas Petrochemicals LP (“TPC”) and ISP Water Management Services LLC (“ISP”) jointly own a dock that TPC operates under the terms of a written agreement. Contending that TPC had not complied with the terms of the written agreement, ISP sued TPC seeking to partition the dock. TPC sought arbitration of ISP’s claims. ISP resisted and asserted that the scope of the agreement did not include any agreement to arbitrate claims for equitable relief. Without making any findings of fact or conclusions of law, the trial court denied TPC’s motion to compel arbitration. Because the claims that ISP advanced regarding the partition of the property rely on the contract and are factually intertwined with ISP’s claims that TPC breached the contract, we hold that ISP’s claims are within the scope of the parties’ arbitration agreement. Therefore, the trial court erred in denying TPC’s motion to compel arbitration.

 
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

New Jersey Legal Awards (NJLA) 2023

September 27, 2023
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.


Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Transactional Intellectual Property / Corporate Lawyer - CT or Remote


We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

Mid-Level Commercial Litigation Associate -- New York


Qualifications: Admitted in New York state court and federal courts in New York. Experience practicing in commercial litigation in New Yor...


Apply Now ›

Chiesa Shahinian & Giantomasi

09/25/2023
New Jersey Law Journal

Prof


View Announcement ›

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›