Who watches the watchmen?

March 14, 2018

The parties’ arbitration clause said that, after a three-arbitrator panel was selected, the arbitrators “shall hold a hearing and make an award within sixty (60) days of the filing for arbitration.” The panel issued a “Partial Final Award” within sixty days and a complete award later; the trial court found the final award was untimely and declined to confirm it. The Fifth Court found that the agreement only required “an award,” not a final award, and that the arbitration panel had the last word on the issue because the parties had incorporated AAA ruled, which give “[t]he arbitrator . . . the power to rule on his or her own jurisdiction . . . ” Signature Pharmaceuticals LLC v. Ranbaxy, Inc., No. 05-17-00412-CV (March 12, 2018) (mem. op.)