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Energy & the Law

Tag Archives: arbitration

Oil and Gas Arbitration – Did the Parties Get What They Bargained For?

Posted in Contract Disputes, Litigation

First, a promise: I won’t report on another arbitration case until there is more to say than “business as usual”. Second, an opinion: Arbitration is still the right forum in many situations. Third, remember: An award and a result, not litigation, was what Venoco says it bargained for. That said, knowing only that Denbury Onshore v. Texcal Energy South Texas is… Continue Reading

Arbitration in Louisiana – Another Budding Romance?

Posted in Contract Disputes, Litigation

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to a judicial mulligan. In ExPert Oil & Gas, LLC v. Mack Energy Co., et al an arbitrator’s mistaken calculation did not nullify an arbitration award. Round one ExPert… Continue Reading

Texas Courts Continue Their Romance With Arbitration

Posted in Contract Disputes

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and Texas courts remain eager to send cases to arbitration. EnerSciences’ two subsidiaries sell products in the oil field. Tom Craddick approached EnerSciences to sell products… Continue Reading

When Can Employee Policies Be Amended?

Posted in Contract Disputes

Co-author Michael Kelsheimer Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too. Kubala’s employer Supreme announced a new policy requiring employees to arbitrate employment disputes, including Fair Labor Standards… Continue Reading

Should I Agree to Arbitrate My Contract Dispute?

Posted in Litigation

You are negotiating a master service agreement, exploration agreement, farmout, or other oil-field contract, and the other side proposes that all disputes be resolved by arbitration. Should you agree?  The answer? It depends. I try lawsuits, advocate in arbitrations, and preside as an arbitrator, so I’m often asked this question. The answer isn’t the same in every case…. Continue Reading