City of Baytown v. C.L. Winter, Inc

In City of Baytown v. C.L. Winter, Inc., 886 S.W.2d 515, 518-19 (Tex. App.--Houston 1st Dist. 1994, writ denied), the appellant argued the arbitrators exceeded their powers because, in part, the appellee never complained about an issue in its original or amended specification of claims. 886 S.W.2d at 518. The court disposed of the issue by noting that the broad arbitration provision in that case--covering "all questions of dispute"--permitted the arbitrators to render an award based on the issue, stating "in light of the broad arbitration clause . . . the arbiters did not exceed their authority." Id. In its examination of the issue, however, the court included the parties' "pleadings" as well as the appellee's specification of claims. Id.