Attorneys for Tenaska Energy and Ponderosa Pine Energy LLC appeared before the Texas Supreme Court Jan. 7 making arguments on whether the high court should revisit a lower court decision to throw out a $125m arbitration award.
Ponderosa Pine Energy had appealed the trial court’s order vacating a $125m arbitration award in its favor on the ground of one arbitrator’s evident partiality. Ponderosa contends the trial court’s ruling is error because the arbitrator disclosed relationships with the parties and their counsel sufficient to put Tenaska on notice.
Ponderosa contends that Tenaska should have objected or sought additional information earlier in the process.
The case came from Dallas County and the Fifth District Court of Appeals, Dallas.
At issue is (1) whether the court properly found that one arbitrator showed “evident partiality” and (2) whether Tenaska, the party seeking to vacate the award, waived its evident-partiality claim.
This arose out of the sale of a Texas power plant. The Texas Supreme Court case number is 12-0789.