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Murray v. Epic Energy Resources, Inc.

The employment contract expressly provided that Texas law would govern any disputes arising from the agreement, and a part of the contract, the arbitration provision, expressly contemplated that it would be performed in Texas. Although the choice of law provision alone is not dispositive, it is a significant factor that supports appellant?s deliberate affiliation with Texas and the foreseeability of litigation in Texas concerning the agreement. Beaumont Court of Appeals, Nos. 09-09-00052-CV & 09-09-00127-CV, 11-05-2009

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Original Proceeding

OPINION

Appellant Patrick W. Murray, Jr. filed an interlocutory appeal from the trial court’s orders denying his special appearance, temporarily enjoining him, denying his motion to compel arbitration, and abating a pending arbitration between Murray and his former employer, appellee Epic Energy Resources, Inc. (“Epic”). Murray also filed a petition for writ of mandamus, in which he also argues that the trial court abused its discretion by denying his motion to compel arbitration, by abating the pending arbitration, and “not ordering the parties[] to arbitrate the issues which clearly fall within the arbitration provision.” We affirm the trial court’s order denying Murray’s special appearance, reverse the trial court’s temporary injunction order, and deny the petition for writ of mandamus.

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