“Timeliness of arbitration demand is for an arbitrator to decide, not a trial court, justices find”

The Southeast Texas Record has this discussion of an interesting decision by the Texas Court of Appeals in Lupe Holdings LP v. Sanchez. The lower court had denied a motion to compel arbitration, finding that the claimant initiated the proceeding after the expiration of a statute of limitations ostensibly incorporated into the parties’ agreement. With a detailed analysis of applicable law and the contract provision, the appellate court concluded that the timeliness argument was not sufficiently clear that the court should deprive the claimant of presenting the issue to the arbitrator. Accordingly, the court reversed the lower court’s decision.