Alternative Dispute Resolution in Texas -
Litigation and appeals involving issues in mediation, arbitration, and other means of nonjudicial conflict resolution and settlement.
Wednesday, July 13, 2011
Appellate review of arb award confirmation order: Standard of Review
What is the standard of review used by the reviewing court to determine whether the trial court erred in confirming an arbitration award?
CASELAW SNIPPET FROM RECENT DALLAS COURT OF APPEALS OPINION:
We review the trial court's confirmation of an arbitration award de novo, based on a review of the entire record.Statewide Remodeling, Inc. v. Williams, 244 S.W.3d 564, 567 (Tex. App.-Dallas 2008, no pet.). Arbitration of disputes is strongly favored under both federal and Texas law.Prudential Secs. Inc. v. Marshall, 909 S.W.2d 896, 898 (Tex. 1995) (orig. proceeding).
Arbitration awards are entitled to great deference by the courts.Crossmark, Inc. v. Hazar, 124 S.W.3d 422, 429 (Tex. App.-Dallas 2004, pet. denied). “In Texas, review of arbitration awards is extraordinarily narrow.”Hisaw & Assocs. Gen. Contractors, Inc. v. Cornerstone Concrete Sys., Inc., 115 S.W.3d 16, 18 (Tex. App.-Fort Worth 2003, pet. denied).
An arbitration award has the same effect as a judgment of a court of last resort and all reasonable presumptions are indulged in favor of the award.CVN Group, Inc. v. Delgado, 95 S.W.3d 234, 238 (Tex. 2002). The award is conclusive on the parties as to all matters of fact and law.Centex/Vestal v. Friendship W. Baptist Church, 314 S.W.3d 677, 683 (Tex. App.-Dallas 2010, pet. denied).