Arbitration Preservation

“The preservation requirements of appellate rule 33.1 apply to arbitrations.” And just as in a traditional litigation setting, the lack of a record created preservation problems in Alia Realty LLC v. Alhalwani: “In addition to a silent record as to whether appellees informed the arbitrator that the extended time to file a supplemental expert report was insufficient before proceeding to arbitration, appellees failed to make any such complaints in two postarbitration briefs. Instead, they argued the evidence was insufficient to support the arbitration award because appellants’ expert’s opinions were unsupported speculation, and their expert, unlike appellant’s expert, used the proper accounting analysis by reconciling bank accounts.” No. 05-21-00265-CV (Sept. 23, 2021) (mem. op.).