This article reviews case law on arbitration from both federal courts and Texas courts during the Survey period of December 1, 2017 through November 30, 2018. 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 sources of significant contention, as do the multiple contract affirmative defenses that could invalidate an arbitration agreement. Different methods by which a non-signatory can either be compelled to arbitrate or can utilize and benefit from arbitration are found in cases during this Survey period. What constitutes a final order or award, jurisdictional issues, the vacatur grounds, and modification of awards were also considered during the Survey period.
John Allen Chalk Sr., Arbitration, 5 SMU Ann. Tex. Surv. 25 (2019).