Russ Berrie and Co., Inc. v. Gantt

OPINION

SUSAN LARSEN, Justice.

This is an interlocutory appeal from the denial of a motion to compel arbitration and stay litigation. Finding no evidence in this record that the parties’ contract had a substantial affect upon commerce, we initially determine that the Texas General Arbitration Act applies, 1 rather than the Federal Arbitration Act, 2 that this interlocutory appeal is appropriate, and we therefore have jurisdiction. We next determine that the agreement here, an at-will contract with a binding arbitration clause interpreted under New Jersey law, is not illusory. We therefore…