Panel Says Arbitration Agreement’s Delegation Clause Enforceable In Defect Suit

Mealey's (March 25, 2022, 11:05 AM EDT) -- HOUSTON — An arbitration agreement between homeowners and homebuilders included an enforceable delegation provision, a Texas appellate court held March 22, reversing and remanding a trial court order that severed provisions of the arbitration agreement, “effectively denying” the homebuilders’ motion to compel arbitration of “gateway issues of arbitrability” in a suit against the homebuilders alleging that construction defects led to a home’s moisture problems....