On June 28, 2022, a Texas appellate court affirmed the trial court’s confirmation of an arbitration award over the objection that the arbitrator had exceeded his powers. Antonio Vargas v. Rigid Global Buildings, LLC, No. 14-20-00309-CV, 2022 Tex. App. LEXIS 4371 (Tex. App. June 28, 2022).
As a condition of his employment with Rigid Global Buildings, LLC (Rigid), Antonio Vargas signed an arbitration agreement. The agreement included a clause requiring all claims relating to Vargas’ employment to be resolved through arbitration. The agreement also required that all claims for arbitration be filed within one year of the incident giving rise to the claim.
Vargas alleged that on or about August 19, 2017, while he was working, a beam fell and injured his foot, and that this accident was caused by the negligence of Rigid’s agents, servants, and employees. However, Vargas waited more than 18 months after the accident to initiate an arbitration proceeding.