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BHP Billiton Petroleum Inc. v. Atlantia Offshore Limited

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OPINION

In this interlocutory appeal,*fn1 appellant, BHP Billiton Petroleum (Americas) Inc., challenges the trial court’s temporary injunction enjoining it from pursuing a “second-filed arbitration” on its claim for breach of a construction contract against appellee, Atlantia Offshore Limited. Concluding that the arbitration involved “the same parties and same disputes” subject to an already pending arbitration proceeding, the trial court stayed and abated this “second-filed arbitration.” BHP also challenges the trial court’s order by petition for writ of mandamus.*fn2 In three issues, BHP contends that the trial court abused its discretion in enjoining it “from pursuing its contractual right to arbitrate its $67 million construction defect claim before arbitrators selected pursuant to the arbitration agreement,” in staying the arbitration initiated by BHP and allowing the other “special purpose arbitration panel to extend its jurisdiction to matters not submitted” to it, and in “refusing to enjoin the limited purpose arbitration panel from arbitrating disputes not submitted” to it. In its petition for writ of mandamus, BHP also contends that it does not have an adequate remedy by appeal.

We dismiss the interlocutory appeal and deny the petition.

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