During this Survey period (December 1, 2016 through November 30, 2017), a number of state and federal courts issued opinions regarding arbitration, including cases governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (the FAA) and the Texas Arbitration Act (Texas Civil Practices and Remedies Code ch. 171) (the TAA). Subjects discussed in these cases and addressed herein include: arbitration agreement issues; non-signatories; and court involvement. Validity and scope of the arbitration agreement, including delegation of arbitrability questions, continue to be submitted to courts by motions to compel. Unconscionability and illusory promises continue to be urged as defenses to motions to compel. The six different methods by which a non-signatory can either be compelled to arbitrate or can utilize arbitration are found in cases during this Survey period. What constitutes a final order or award, the expansion of judicial review, vacatur grounds, and modification of awards were also considered during this Survey period.
John Allen Chalk, Arbitration, 4 SMU Ann. Tex. Surv. 3 (2018)