The fresh new writ usually situation only when the brand new demo courtroom fails to exercise
We conditionally give new petition to have writ of mandamus and you may acquisition the fresh new trial courtroom to vacate the buy doubting arbitration and to enter an order granting Anyone=s Selection=s action so you can abate and you can force arbitration in line with so it viewpoint. We withdraw the buy existence all legal proceeding regarding the trial judge.
People=s Choices also recorded an expidited interlocutory beauty of the latest demo court=s denial of its activity in order to force arbitration regardless if we dictate your arbitration agreement is ruled by Tx Standard Arbitration Act as opposed to the Federal Arbitration Work. Discover Tex.Civ.Prac.&Rem.Password Ann. ” -.098 (Vernon 2005); nine You.S.C.A. ” step 1-sixteen (1999 & Supp. 2005); pick and Within the re Valero Energy Corp., 968 S.W.2d 916, 916-17 (Tex. 1998)(orig. proceeding). (more…)