Brian O'Grady, et al. v. National Union Fire Insurance Company of Pittsburgh, P.A.

The Federal Arbitration Act requires courts to enforce the arbitration agreements of parties. When a panel of arbitrators issue an award that makes factual findings despite the agreement of the parties to first decide arbitrability without the presentation of evidence, has the arbitration panel exceeded its powers? In issuing fact findings without allowing the presentation of evidence, has the arbitration panel violated petitioner’s right to substantive due process? Texas courts require a formal record of arbitration, even for informal preliminary summary proceedings, and construe any missing or omitted portion of the record in the favor of upholding the arbitrator’s decision, even where no “record” exists. By refusing to review the arbitration panel’s decision, and by assuming that all evidence not presented should be construed in favor of upholding arbitration, have the Texas courts applied procedural law in a way that substantially preempts the Federal Arbitration Act’s grounds to vacate an arbitration award?