What You Always Wanted to Know About Arbitration:

Five Arbitration Issues Recently Decided by the Courts

August 31, 2010

By: Scott D. Marrs and

Texas Bar Journal

Arbitration can be an efficient and cost-effective way of resolving disputes. Arbitration can lead to positive results for the resolution of business disputes, including less adversarial relationships, faster decisions, and lower dispute resolution costs. Although arbitration may be the answers, all arbitrations are not created equally.

This article answers five questions about arbitration recently considered by the courts:

1. Can the parties agree that an arbitration award is appealable?
2. Under what circumstances does a party waive its right to arbitrate?
3. What effect does an unconscionable contract provision within an agreement have on enforceability of the arbitration clause contained therein?
4. Do arbitrators have the power to compel discovery from non-parties?
5. Are heirs and beneficiaries bound by a decedent's arbitration?

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