In Re H.E. Butt Grocery Co.

OPINION

JOHN S. ANDERSON, Justice.

Relator, H.E. Butt Grocery Company (“HEB”) seeks a writ of mandamus directing the trial court to vacate its order denying HEB’s motion to compel arbitration under the Federal Arbitration Act (FAA). The real party in interest, Harry Swinton (“Swinton”), sued HEB, a non-subscriber under the Texas Workers’ Compensation Act (TWCA), for alleged personal injuries suffered in the course and scope of employment. HEB contends the trial court clearly abused its discretion in refusing to compel arbitration of Swinton’s claims in the face of a valid arbitration agreement…