Category Archives: Dispute Resolution

July 17, 2015 Weekly Round Up

It’s time for another quick rundown of ag law stories in the news this week.  Enjoy! *  Texas Supreme Court Will Not Hear Appeal in Ecom USA, Inc. v. Clark.  This means that the Amarillo Court of Appeals opinion in the case–remanding the case to the trial court for more factual development on the question of whether an arbitration clause in a cotton contract was enforceable–will stand.  To read my analysis of the Court of Appeals’ opinion, click on this prior blog post. *  Tensions High Regarding Pipeline Project to… Read More →

Cotton Contract Clause Dispute Offers Important Reminders

Once again, a Texas court has issued an opinion regarding whether an arbitration provision in a cotton sales contract is enforceable.  The Amarillo Court of Appeals issued its opinion last week in Ecom USA, Inc v. Clark, which offers some lessons and reminders to parties entering contractual agreements and attorneys litigating these cases.  [Read opinion here.] Background This case was filed by a number of cotton farmers who contracted to deliver cotton they grew in 2010 and 2011 to the U.S. Cotton Growers Association, a marketing pool owned by… Read More →

Texas Supreme Court Considers Arbitration Clause in Cotton Case

Last week, the Texas Supreme Court issued a decision relating to the well-publicized disputes between cotton farmers, cotton gins, and marketing cooperatives that arose in 2010 after cotton prices soared.  In this case, Venture Cotton Cooperative v. Freeman, the Supreme Court analyzed the validity of an arbitration clause contained in the marketing agreement between the farmers and the marketing cooperative.  [Read full opinion here.] Background In 2010, Venture Cotton Cooperative, a cotton marketing cooperative, operated a marketing pool for the sale of its members’ cotton.  Venture obtained members… Read More →

Mediation, Arbitration, What?

**This article is not a substitute for the advice of an attorney.** Dispute resolution is a popular and common way to resolve legal disputes.  Many people, however, are not aware of the difference between the two most common forms of dispute resolution, mediation and arbitration. Why Dispute Resolution? Litigation is time consuming and expensive.  It generally takes over a year for a civil case to be decided in court.  Dispute resolution provides a cheaper, and more time efficient alternative that will allow parties to resolve their differences and… Read More →