Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

DK Joint Venture 1 v. Weyand

The plaintiffs-appellees are six business entities that claim to have been defrauded by the defendant-appellants, Richard Weyand and Peter Thiessen. Weyand and Thiessen were respectively the chief executive officer (CEO) and chief financial officer (CFO) of several corporations. The district court ordered that all the defendants (including Weyand and Thiessen) were bound by arbitration agreements. The parties resisting arbitration -- Weyand and Thiessen in their individual capacities -- are not signatories. Under ordinary principles of agency law, whether drawn from Texas or federal law, Weyand and Thiessen's roles as the CEO and CFO of the defendant corporations are insufficient to bind them personally to arbitration agreements that the corporations entered into. The district court's order is reversed and remanded. DK Joint Venture 1 v. Weyand, 5th U.S. Circuit Court of Appeals, No. 09-11000, 08-04-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Before DAVIS, WIENER, and DENNIS, Circuit Judges.

This is an appeal from a district court’s order confirming an arbitration award. The plaintiffs-appellees are six business entities which claim to have been defrauded by the defendant-appellants, Richard Weyand and Peter Thiessen. Weyand and Thiessen were respectively the chief executive officer (CEO) and chief financial officer (CFO) of several corporations, which are hereinafter referred to as the defendant corporations. The plaintiffs and the defendant corporations entered into certain contracts which contained arbitration agreements. The plaintiffs initiated arbitration proceedings against the defendant corporations and also against Weyand and Thiessen asindividuals. Weyand and Thiessen protested that they had not agreed to arbitrate anything. Nevertheless, an arbitration panel rendered an award of damages and attorneys’ fees against, inter alia, Weyand and Thiessen. The plaintiffs then filed a motion for confirmation of the arbitration award in federal district court. Weyand and Thiessen argued that the arbitration panel had exceeded its jurisdiction by rendering an award against them, because they had never consented to arbitration. However, the district court issued an order confirming the arbitration award. We reverse the district court’s order because under ordinary principles of contract and agency law, Weyand and Thiessen were not personally bound by the arbitration agreements that their corporations entered into, and therefore the arbitration panel lacked jurisdiction to render an award against them.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
(ASSOCIATE) PROFESSOR OF PRACTICE OFFICE FOR ACADEMIC SKILLS INSTRUCTION AND SUPPORT

University of California College of the Law, San Francisco ( UC Law SF, formerly, UC Hastings ), located in downtown San Francisco, seeks...


Apply Now ›
DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT

COLE SCHOTZ P.C.DOCUMENT REVIEW STAFF ATTORNEY/LIMITED PROJECT: Prominent mid-Atlantic law firm with multiple regional offices seeks a Docu...


Apply Now ›
Seattle, WA State and Local Tax Associate

Description: Fox Rothschild LLP has an opening in Seattle, WA for an associate to join our growing state and local taxation (SALT) team. Thi...


Apply Now ›
Go to Lawjobs