Legal Opinion

Trafigura Pte. Ltd. v. CNA Metals Ltd.

Court of Appeals of Texas

Decided June 27, 2017No. 14-16-00530-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

William J. Boyce, Justice

The principal issue on appeal is whether the trial court or an arbitrator determines arbitrability of the plaintiffs claims. The challenged order was signed by the trial court, which determined that the claims at issue are not arbitrable. Because an arbitration agreement existed between the parties, and because that agreement assigns arbitrability determinations to the arbitrator, we conclude the trial court erred by making the determination. Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion.

Background

Appellant…

2Cases cited19 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  3. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  4. In Re Weekley Homes, L.P.Texas Supreme Court · 2005
  5. In Re AdvancePCS Health L.P.Texas Supreme Court · 2005

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3Cited by14 opinions

  1. Denise Longoria v. CKR Property Management, LLC, Texas Court of Appeals, 14th District (Houston)2018
  2. Dennis Weitzel v. Brent Coon, Individually, and Brent W. Coon, P.C. D/B/A Brent Coon and Associates, Texas Court of Appeals, 1st District (Houston)2019
  3. Edwin Rodriguez and Tonya Rodriguez v. Texas Leaguer Brewing Company L.L.C. and Nathan Rees, Texas Court of Appeals, 14th District (Houston)2019
  4. Elite Townhomes, LLC and Souhail H Adam v. Intown Construction Group, LLC, Texas Court of Appeals, 14th District (Houston)2024
  5. Friedman & Feiger, LLP v. Robert E. Massey, Individually and as Independent of the Estate of William Earl Massey, Texas Court of Appeals, 2nd District (Fort Worth)2019

9 more not listed; retrieve them via the Exa API.

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