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| Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C. |
| Occidental Tower |
| 5005 LBJ Freeway, Suite 1000 |
| Dallas, Texas 75244 |
| Phone: (972) 239-7493 |
Facsimile: (972) 490-7739
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| Can Court's Confirm a "Partial Final" Arbitration Award? |
In Collins v. Tex Mall, LP, ___S.W.3d___, 2009 WL 2579642 (Tex. App.-Fort Worth 2009, no pet. h.), the Fort Worth Court of Appeals held as a matter of first impression that trial court does not have authority to review and confirm a "partial final" arbitration award that does not dispose of all matters submitted to arbitration. In this case, a former business partner and his related entities filed a motion to confirm a partial arbitration award which stated that the notice of lis pendens filed by the other former business partner and his related entities was null and void. The court of appeals determined that the partial award was not subject to judicial review after reviewing the Texas Arbitration Act and common law regarding arbitration awards. The court cited the common law rule which provides that arbitration awards must be final to be legally enforceable and subject to final review and determined that the Texas Arbitration Act's provisions were consistent with this purpose. The court stated that principal of finality avoids waste and inefficiency and promotes the role of arbitration as an expeditious alternative to traditional litigation. |
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