Decision To Redact Documents Results In Denial Of Motion To Compel Arbitration

In Sunnova Energy Corp v. Spruce Lending, Inc., the Texas Court of Appeals affirmed a lower court’s denial of a party’s motion to compel arbitration, finding that the movant had failed to present the court with a sufficient documentary record to establish that the arbitrability decision was to be made by the arbitrator. As the court explained, the agreements attached to the “motion to compel arbitration were ‘redacted for confidentiality purposes’ and included only the ‘dispute resolution clauses.’ … [W]e cannot look at the arbitration portion of the agreements in a vacuum.”

Since the movant failed to submit the agreements to the court in their entirety, “neither this court nor the trial court could determine whether the parties intended to arbitrate arbitrability…” Accordingly, the movant failed to meet its burden of proving “it was entitled to an order compelling arbitration.”

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