Legal Opinion

Port Arthur Steam Energy LP v. Oxbow Calcining LLC

Texas Court of Appeals, 1st District (Houston)

Decided October 22, 2013No. 01-12-01165-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

JANE BLAND, Justice.

This appeal involves the parameters for setting aside an arbitral decision based on the evident partiality of an arbitrator. The underlying arbitration, between two corporations, involved the allocation of responsibility for environmental compliance costs at an industrial facility. Oxbow Calcining LLC initiated the arbitration proceeding against Port Arthur Steam Energy, L.P. (PASE), before the American Arbitration Association (AAA). Oxbow and PASE selected David Peden as one of the arbitrators to serve on a three-member panel.

Before the AAA panel, the parties…

2Cases cited13 opinions

  1. Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
  2. CVN Group, Inc. v. DelgadoTexas Supreme Court · 2002
  3. City of San Antonio v. McKenzie Construction Co.Texas Supreme Court · 1941
  4. Burlington Northern Railroad v. TUCO Inc.Texas Supreme Court · 1997
  5. Statewide Remodeling, Inc. v. Williams, Texas Court of Appeals, 5th District (Dallas)2008

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3Cited by18 opinions

  1. Forest Oil Corp. v. El Rucio Land & Cattle Co.Court of Appeals of Texas · 2014
  2. Novoa v. J.C. ViramontesCourt of Appeals of Texas · 2018
  3. Ali Choudhri and Memorial Park, LLC v. Stacy Alan Smith, Texas Court of Appeals, 14th District (Houston)2024
  4. Belfiore Developers, LLP v. Elvia Besil Sampieri and Haffan Properties, LLC, Texas Court of Appeals, 1st District (Houston)2018
  5. Beverly Brooks v. Kirkendall Dwyer, LLP, Texas Court of Appeals, 1st District (Houston)2025

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