AAA Yearbook on Arbitration & the Law - 25th Edition - Chapter 5 - Preliminary Proceedings

Author(s):

Stephen K. Huber

Published:

August, 2013

Practice Areas:

Court Decisions,

Stay of Court Proceedings Pending Arbitration,

Stay or Termination of Arbitral Proceedings by Judicial Order,

Interim Measures of Protection,

AAA,

Preliminary Questions/ Referee

Author Detail:

STEPHEN K. HUBER is Professor Emeritus at the University of Houston Law Center, and has served as a visiting professor at the University of Texas, Rice University (Political Science), Pepperdine Law School (Dispute Resolution Program), and the University of East Africa (Dar es Salaam, Tanzania). Mr. Huber is a member of the State Bar of Texas, and the editor of Alternative Resolutions, the quarterly journal of the Dispute Resolution Section. He is the author of numerous publications relating to arbitration.

BEN H. SHEPPARD, JR. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-Chair of the firm's international dispute resolution practice. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules that established a pre-arbitral emergency arbitrator procedure. He was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes. He chaired one of the two working groups that promulgated the CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. He is a past chair of the Disputes Division of the ABA Section of International Law and for five years served as editor-in-chief of The International Arbitration News. He is a member of the American Law Institute and a Fellow of the College of Commercial Arbitrators.

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Originally from: AAA Yearbook on Arbitration and the Law - 25th Edition

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5.01 Interim Relief by the Court

Weingarten Realty Investors v. Miller, 661 F.3d 904 (5th Cir. 2011)
A party is not entitled to an automatic stay of the proceedings in a lower court during the pendency of an appeal from an order denying a motion to compel arbitration.

A lender, Weingarten Realty Investors (hereinafter “WRI”), brought an action against the guarantor of a loan, Steward A. Miller (hereinafter “Miller”). Miller, in response, moved to compel arbitration and stay the proceedings. The district court denied Miller’s motion and Miller now appeals. On appeal, Miller contests that the district court (1) erred in not staying proceedings pending his appeal, (2) erred in finding that the guarantee was not subject to arbitration, and (3) erred in finding that WRI was not equitably estopped from avoiding arbitration.

Table of Contents:

Preliminary Proceedings 5.01 Interim Relief by the Court Weingarten Realty Investors v. Miller, 661 F.3d 904 (5th Cir. 2011) Next Step Med. Co. v. Johnson & Johnson Int’l, 619 F.3d 67 (C.A.1 (Puerto Rico) 2010) Toyo Tire Holdings of Am. v. Continental Tire North America, 609 F.3d 975 (9th Cir. 2010) Spinks v. Automation Personnel Serv., Inc., 49 So.3d 186 (Ala. 2010) 5.02 Arbitral Subpoenas and Pre-hearing Discovery Colo. Mills, LLC v. SunOpta Grains and Foods, Inc., 269 P.3d 731 (Col. 2012) Life Receivables Trust v. Syndicate 102 at Lloyd’s of London, 549 F.3d 210 (2nd Cir. 2008) 5.03 Arbitral Stays of Parallel Litigation and Judicial Stays of Arbitral Proceedings PowerShare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. 2010) 5.04 Judicial Stay of Litigation Pending Arbitration Louis Berger Group Inc. v. State Bank of India, 802 F.Supp.2d 482 (S.D.N.Y. 2011).