Arbitration Agreements FAQ | Texas Family Law Powerhouse

Question 1

Can you waive your right to arbitration by participating in court proceedings in Texas?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.. Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom.

Question 2

Does a carve-out provision in an arbitration agreement make it unenforceable?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.. Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom.

Question 3

What contract language allows an arbitrator to decide if a dispute must be arbitrated?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.. Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom.

Question 4

Who decides if an arbitration agreement is valid in Texas family law cases?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.. Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom.