• Skip to content
  • Skip to primary sidebar

liskow_lewis_white_new

future-focused

  • Team
  • Practices
  • Insights
  • Perspectives
Blogs

Texas Supreme Court Sends Parties to Arbitration in JOA Dispute

04.20.09 | 2 minute read

 

By Natalie Barletta

The Texas Supreme Court in, In re Gulf Exploration, LLC, No. 07-0055 (Tex. Apr. 17, 2009), addresses when mandamus relief is available in connection with an order compelling arbitration. In this case, several working interest owners sued Great Western Drilling, their operator, claiming an opportunity to participate in wells drilled by Great Western. The working interest owners moved to compel arbitration pursuant to the terms of the arbitration clause contained in their joint operating agreements. The trial court granted the motion to compel and Great Western sought mandamus relief in the court of appeals. The appellate court held that the trial court “clearly and indisputably” abused its discretion and conditionally granted mandamus relief.
The primary issues before the Supreme Court were: (1) whether the appellate court had jurisdiction to review the trial court’s order compelling arbitration; and, if so, (2) whether the appellate court erred in vacating the trial court’s order on the ground that the claims were outside the scope of the arbitration clause. The court stated the general rule that there can be no immediate appeal of an order compelling arbitration if the order merely stays the underlying litigation. However, an appeal may be taken if the underlying case is dismissed. Here, the trial court merely stayed the case pending arbitration; therefore, there was no final judgment from which to appeal.
The court continued, however, stating that even though an order is not reviewable by interlocutory appeal, mandamus review is not necessarily precluded. The party seeking mandamus relief must show that it has no other adequate remedy by appeal. The adequacy of an appeal is determined on a case-by-case basis by balancing the benefits and detriments of arbitration. Because both federal and state arbitration acts exclude immediate review of an order compelling arbitration, the balance tilts “strongly against mandamus review.” In this case, the court found that there were no counterbalancing legislative mandates indicating that the legislature weighed in on one side of the balance. The court did not reach the issue of whether the claims fell outside the arbitration clause, but even assuming that the claims were not within the arbitration clause, Great Western failed to show that its appellate remedy following arbitration is inadequate. The court directed the appellate court to vacate its judgment, reinstating the trial court’s order compelling arbitration. 
 

Primary Sidebar

Liskow & Lewis, APLC
Arrow Icon

future-focused

  • Baton Rouge
  • Houston
  • Lafayette
  • New Orleans
  • New York City
  • © 2026 Liskow & Lewis, APLC
  • Sitemap
  • Disclaimer
  • Employee Login
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Practices
  • Insights
  • Perspectives
  • Offices
  • Pro Bono
  • About Us
  • Careers
  • DEI
  • The Energy Law Blog
  • Gulf Coast Business Law Blog
  • The Maritime Law Blog