Law of the Case Doctrine Bars Company from Arbitrating, 10th Circuit Affirms

DENVER - The law of the case doctrine bars an oil company from arbitrating a dispute over a percentage payment allegedly due its former counsel because the issue was previously arbitrated and resolved, a federal appeals court has affirmed. Grynberg Production Corp. v. Susman Godfrey L.L.P., No. 10-1248 (10th Cir.).

In a Feb. 16 order, the 10th Circuit U.S. Court of Appeals rejected the company's assertion that it is entitled to a new arbitration because it failed to raise certain issues in the earlier proceedings. The doctrine does not require that the party actually have appealed from the earlier decision, …