Jack B. Anglin Co. V. Honorable Arthur Tipps (11/18/92)
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Publisher Description
In this mandamus proceeding we decide three issues: 1) whether claims arising out of a construction contract dispute are arbitrable under the Federal Arbitration Act, 9 U.S.C. § 1--16 (the Federal Act), or the Texas General Arbitration Act, TEX. REV. CIV. STAT. ANN. art. 224--236-8, (the Texas Act); 2) whether claims brought under the Texas Deceptive Trade Practices Act, TEX. BUS. & COMM. CODE § 17.41--17.63 (DTPA), are subject to the Federal Act; and 3) the nature of the hearing a trial court must conduct on an application for arbitration. Because we hold that the Relator has established the applicability of the Federal Act and that the Plaintiff's DTPA claims are subject to arbitration, we conditionally grant the relief requested.
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