Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of June 10, 2024.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

MCR Oil Tools, LLC v. Halliburton Energy Servs., Inc., No. 02-23-00300-CV (June 13, 2021) (Sudderth, C.J., joined by Womack and Walker, JJ.).

Held:  Under the plain language of the Texas Arbitration Act, a party seeking vacatur based on the absence of an arbitration agreement must satisfy the arbitrability-specific vacatur requirements of Subsection (a)(4), even if the party presents its challenge as the arbitration panel having “exceeded [its] powers” under Subsection (a)(3)(A).  Tex. Civ. Prac. & Rem. Code Ann. § 171.088(a)(3)(A), (a)(4).  Because Appellant sought vacatur based on the absence of an arbitration agreement but failed to show, as Subsection (a)(4) required, that it had raised a timely arbitrability objection before participating in the arbitration hearing, the trial court properly declined to vacate the arbitration award.