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IN RE GLOBAL CONST. CO., L.L.C.

No. 14-04-01082-CV.

166 S.W.3d 795 (2005)

In re GLOBAL CONSTRUCTION COMPANY, L.L.C., Relator.

Court of Appeals of Texas, Fourteenth District, Houston.

June 9, 2005.

Attorney(s) appearing for the Case

David D. Peden, Cynthia Ann Holub, Houston, for relator.

Kathleen C. Pickett, Houston, for respondent.

Panel consists of Justices FOWLER, FROST and SEYMORE.

OPINION ON REHEARING

WANDA McKEE FOWLER, Justice.

In ruling on this petition for writ of mandamus filed by Global Construction Company, we must decide if the underlying dispute, in which the real party in interest claims that arbitration is time-barred, is an issue of procedural arbitrability and thus for the arbitrator, or is an issue of substantive arbitrability for the court. See Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79...

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