Forthcoming HLRe: Summer 2012: Pope

In my article, Texas Arbitration Law: More Choices—And More Risk—Than Ever, I explore ways that practitioners can improve arbitration clauses in their contracts, including by hedging the risk of unfettered arbitrators. In a 2011 opinion, the Texas Supreme Court held that Texas arbitration law, unlike federal law, lets parties agree on judicial review of arbitration awards. As an appellate practitioner, I am obviously in favor of this new rule—the more avenues of appeal the better. But what does the agreement have to say to invoke judicial review? And what kind of review? Under what standard? How do you preserve error? What about the rules of evidence and procedure? Do statutes of limitation apply in arbitration, and can parties specify their own? These are some of the questions my article raises and, hopefully, answers in a practical way.