Papalote Creek II, L.L.C. v. Lower Colorado River

JENNIFER WALKER ELROD, Circuit Judge:

Papalote Creek II, LLC (Papalote) appeals the district court's order compelling Papalote to arbitrate a dispute raised by Lower Colorado River Authority (LCRA)-whether their contractual agreement limits LCRA's liability to $60 million. The arbitration clause requires Papalote and LCRA to arbitrate "any dispute [that]

*452 arises with respect to either [p]arty's performance." Because the dispute that LCRA has raised is an interpretative dispute-not a performance dispute-we reverse and remand.

I

This is the second time Papalote and LCRA have appeared before us. See…