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Archives: Alternative Dispute Resolution

 

Vacatur of Arbitration Award for Evident Partiality Upheld on Appeal

Deborah Hankinson, Brett Kutnick, and Jennifer Stagen represented Occidental Petroleum Corporation and several of its subsidiaries in moving to vacate an arbitration award regarding the interpretation of a purchase and sales agreement.  After extensive briefing and argument, the trial court vacated the arbitration award for… + read more

Deborah Hankinson, Brett Kutnick, and Jennifer Stagen represented Occidental Petroleum Corporation and several of its subsidiaries in moving to vacate an arbitration award regarding the interpretation of a purchase and sales agreement.  After extensive briefing and argument, the trial court vacated the arbitration award for evident partiality by one of the neutral arbitrators.  The First District Court of Appeals in Houston subsequently affirmed the vacatur of the arbitration award, and after requesting full briefs on the merits, the Texas Supreme Court denied the petitioners’ petition for review and motion for rehearing.  Amoco D.T. Co. v. Occidental Petroleum Corp., 343 S.W.3d 837 (Tex. App.–Houston [1st Dist.] 2011, pet. denied).

 

Deborah Hankinson Recognized for Alternative Dispute Resolution and Appellate Practice

Deborah Hankinson’s prominence in the field of alternative dispute resolution continues to grow.  She recently received the highest peer review rating of AV® Preeminent Status in Alternative Dispute Resolution with Martindale-Hubbell™  through a rigorous survey of her peers.  Deborah, who previously served as a Justice… + read more

Deborah Hankinson’s prominence in the field of alternative dispute resolution continues to grow.  She recently received the highest peer review rating of AV® Preeminent Status in Alternative Dispute Resolution with Martindale-Hubbell™  through a rigorous survey of her peers.  Deborah, who previously served as a Justice on the Supreme Court of Texas, also has been invited to join the AAA (American Arbitration Association) Judicial Settlement Conference Service panel, a new service that affords parties the opportunity to bring disputes to a private settlement conference with one of AAA’s specially selected former judges.  The process is non-binding and voluntary and involves significant evaluation by the former judge, who acts as a neutral.

In 2012, Deborah again was recognized by Best Lawyers, which also honored her as its Dallas Lawyer of the Year.  Chambers USA also recognized Deborah again this year, the sixth year in a row that she has received the honor. Additionally, Deborah’s standing in Texas is reflected in several recent accolades. She appears in the 2012 edition of Texas’ Top Rated Lawyers, which is published by Martindale-Hubbell and America Lawyer Media.  Deborah also earned a place on D Magazine‘s 2012 listing of “The Best Lawyers in Dallas.”  This is the seventh time that D Magazine has named her to its “Best Lawyers” list.

For more information, contact Deborah at 214-754-9190 or dhankinson@hankinsonlaw.com.

 

Dallas Arbitrator, Appellate Attorney Deborah Hankinson to Discuss Effective Arbitration

DALLAS – Dallas arbitrator and appellate attorney Deborah Hankinson will be a featured speaker in a national conference of lawyers, arbitrators and business people addressing arbitration trends and methods for keeping arbitrations from getting out of control. Hankinson, a former Texas Supreme Court justice and… + read more

DALLAS – Dallas arbitrator and appellate attorney Deborah Hankinson will be a featured speaker in a national conference of lawyers, arbitrators and business people addressing arbitration trends and methods for keeping arbitrations from getting out of control.

Hankinson, a former Texas Supreme Court justice and founder of Hankinson LLP, will participate in the panel presentation, “How to Prevent a Runaway Arbitration,” during the American Bar Association Section of Litigation Annual CLE Conference on April 19 in Washington, D.C. The panel will offer practical solutions to help in-house and outside counsel ensure that arbitration remains a cost-effective and efficient alternative to
litigation.

Along with Ms. Hankinson, the panel will include Crowell & Moring LLP Partner Kathryn Kirmayer.  Patricia O’Prey, senior counsel – investigations at GE Capital Americas, will moderate the panel.

“Arbitration is an excellent dispute-resolution tool – when it is used properly,” Hankinson says. “As someone who knows the process, I know it’s my job to keep things on track and to be fair to all. That’s what we plan to discuss.”

In addition to her appellate work, Hankinson’s nationally prominent practice includes serving in arbitrator and mediator roles in disputes. She serves on the Board of Directors of the American Arbitration Association and is a member of the association’s national roster of neutrals. She also consults with trial lawyers with regard to trial strategy and appellate briefs, offering insight as to how appellate courts might view critical issues.

Hankinson is also a former justice on the Fifth District Court of Appeals in Dallas. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is a fellow of the American Academy of Appellate Lawyers.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the
firm at http://hankinsonlaw.com.

 

Hankinson LLP Client Obtains Judgment Vacating Arbitration Award

Ruling in favor of Deborah Hankinson’s and Brett Kutnick’s client, Occidental Petroleum, the Court of Appeals affirmed the trial court’s decision to vacate an arbitration award. The court held that one of the arbitrators displayed evident partiality by failing to disclose that, at the time… + read more

Ruling in favor of Deborah Hankinson’s and Brett Kutnick’s client, Occidental Petroleum, the Court of Appeals affirmed the trial court’s decision to vacate an arbitration award. The court held that one of the arbitrators displayed evident partiality by failing to disclose that, at the time the parties approved him as a member of the arbitration panel, the firm at which he worked represented the ultimate parent company of one of the appellants in a mandamus proceeding to prevent the deposition of its CEO. The court held that an objective person could reasonably have concluded that the arbitrator’s nondisclosure of this fact was material, and that it created a reasonable impression of his partiality. The court also concluded Amoco failed to prove that if Oxy had performed a reasonable investigation of the arbitrator, it would have discovered his evident partiality. Amoco D.T. Co., v. Occidental Petroleum Corp., 343 S.W.3d 837 (Tex. App.—Houston [14th Dist.] 2011, pet. denied).

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