In re Service Corporation International and SCI Texas Funeral Services, Inc. d/b/a Mont Meta Memorial Park

Summary

The Thirteenth Court of Appeals of Texas denied a petition for writ of mandamus filed by Service Corporation International and SCI Texas Funeral Services, Inc. The court concluded that the relators had not shown entitlement to relief concerning the trial court’s appointment of an alternate arbitrator under the Federal Arbitration Act. The opinion discusses substitution of arbitrators when the agreed appointment process fails or cannot be followed.

Holdings

1. Section 5 of the Federal Arbitration Act permits a trial court to choose an alternate set of arbitrators when the agreed appointment process fails through a mechanical breakdown or a party's refusal to comply, and relators did not show that the trial court's appointment warranted mandamus relief.

Questions Presented

1. Whether the trial court properly exercised authority under section 5 of the Federal Arbitration Act to appoint an alternate arbitrator.
2. Whether relators demonstrated entitlement to mandamus relief challenging the arbitrator appointment.

Disposition

writ_denied