May 17 – May 23, 2025
1 opinion this week
Supreme Court of Texas
The Texas Supreme Court determined that when a valid arbitration agreement includes a clear delegation clause for questions of scope and arbitrability, the arbitrator should resolve such disputes, not the court. This was applicable even though the incident in question occurred during a separate visit under an agreement executed in August.
Litigation Takeaway
“The ruling highlights the importance for family-law practitioners to distinctly draft arbitration clauses when handling issues such as custody, child support, and property division. Specific delegation clauses can drive the arbitration process, making it imperative to ensure clarity and unmistakable language concerning scope and arbitrator authority.”