Hon. Michael Massengale (Former), FCIArb is a U.S.-domestic and international arbitrator with deep experience resolving complex commercial disputes, particularly in the energy industry. Justice Massengale has served as tribunal chair, party-appointed arbitrator, sole arbitrator, and emergency arbitrator, as well as on appeals panels under the JAMS Optional Arbitration Appeal Procedure, including as panel chair. In addition to JAMS-administered disputes, Justice Massengale has arbitrated claims administered by AAA, ICDR, and ICC, as well as ad-hoc disputes. Among many affiliations in the field of arbitration and in the wider legal community, he is a Fellow of both the College of Commercial Arbitrators and the Chartered Institute of Arbitrators. Justice Massengale regularly provides neutral analysis, including moot appellate arguments (particularly for appeals in the U.S. Fifth Circuit, the Supreme Court of Texas, and Texas intermediate appellate courts), and occasionally serves as a mediator, including in appellate and ICC-administered international mediations.

In his arbitration practice, Justice Massengale draws on his prior experience as a trial partner in an international law firm, plus over a decade of experience as a Texas intermediate appellate court justice. In private law practice he focused primarily on complex commercial disputes involving securities, bankruptcy, antitrust, tax, and tort litigation, predominantly representing clients in energy-related industries. He had significant roles in two commercial disputes, each successfully tried to final judgment, with over $1 billion in controversy—once representing the plaintiff, and once representing defendants. As an appellate judge, he participated in the resolution of thousands of appeals and wrote more than 600 signed opinions across a broad spectrum of complex matters involving commercial and contractual disputes in various industries, including construction, financial services, government, health care, oil and gas, and legal services.

Justice Massengale is board-certified in civil appellate law by the Texas Board of Legal Specialization, and he is an elected member of the American Law Institute.

Representative Matters

• Arbitration
• As party-appointed arbitrator on tripartite panel, arbitrated dispute between Pennsylvania natural-gas producer and pipeline operator over interpretation of gathering agreement and contractual requirements to add new receipt points.
• Arbitrated multi-million-dollar limited-partnership contract and fiduciary-duty dispute involving trading of financial transmission rights (FTR) contracts and withdrawal of limited partner.
• Arbitrated digital-marketing service contract dispute, including claim for fraud and allegation of anticipatory repudiation.
• Chaired Arizona-seated international dispute over “shelter”-model manufacturing service agreement and responsibility for fire damage in Mexican industrial park.
• As party-appointed arbitrator on tripartite panel, arbitrated multi-million-dollar international dispute between commodities-trading company and Central American power-generation plant owner, involving allegations of breach of fuel oil supply contract, property damage from fuel contamination, and business interruption.
• Chaired arbitration dispute over force-majeure declaration under nitrogen supply agreement.
• Arbitrated dispute over interpretation of groundwater lease conveyance agreement.
• Arbitrated contract dispute between an industrial minerals company and a large oil and gas technology services provider.
• Chaired arbitration dispute under California law between energy services provider and offshore oil-and-gas exploration company relating to multi-million-dollar equipment loss while directionally drilling offshore well.
• Arbitrated claims of legal malpractice and breach of fiduciary duty brought by mass-tort products-liability plaintiff against former counsel.
• Arbitrated contract dispute between public adjuster and attorneys over payment of public adjuster’s fees.
• Arbitrated dispute between large international law firm and its former partner regarding interpretation of partnership agreement relating to disputed clawback of year-end bonus.
• Arbitrated contract dispute between a large law firm and its former client concerning unpaid legal fees.
• Arbitrated contract dispute between a medical supply company and a personal protective equipment (PPE) distributor related to the sale of a large volume of N95 masks.
• Arbitrated dispute over non-compete agreement arising from sale of a beekeeping company.
• Arbitrated dispute under California law between registered investment advisor and former employee, involving allegations of misappropriation of trade secrets, unfair competition, and breach of contract.
• Arbitrated multiple employment disputes involving claims of employment discrimination, including race discrimination, sex discrimination, age discrimination, hostile work environment, and retaliation.
• Arbitrated ad-hoc international dispute of high-wealth divorcing couple over division of property, including furnishings, jewelry, art, and a dog.
• Arbitrated wrongful-death dispute under Alabama law concerning whether long-term-care facility provided negligent medical care. 
• Arbitrated alleged breach of promissory note issued in connection with acquisition of distressed online retailer.
• Arbitrated contract and warranty dispute involving sale of 21 refurbished park model homes.
• Arbitrated contract dispute under Utah law regarding interpretation of tiered dispute-resolution clause in credit-card member agreement.
• Arbitrated contract dispute over enforceability of arbitration clause in contract for sale of home.
• Arbitrated contract and other legal disputes between homeowners, sellers and installers of residential solar-energy systems, and lenders who financed the sales transactions.
• Arbitrated multiple disputes involving claims of deceptive and fraudulent practices, breach of contract and alleged violations of the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.
• Arbitrated contract dispute involving alleged violations of the North Carolina Consumer Finance Act, usury laws, and Unfair and Deceptive Trade Practices Act.
• Chaired arbitration appeal of multi-million-dollar dispute arising from construction of apartment complex, applying Utah law.
• Arbitrated appeal of dispute over enforcement of settlement agreement, applying Arizona law.
• Arbitrated appeal of dispute under Equal Credit Opportunity Act.
• Neutral Analysis
• Moot appellate argument concerning pipeline’s eminent-domain rights.
• Moot appellate argument regarding ratification of pooling of oil-and-gas lease.
• Mock trial of an oil-and-gas dispute involving underpaid royalty claims brought by lessors against a lessee and two affiliated guarantors.
• Moot appellate argument about interpretation of statute authorizing correction of material mistake in a real-estate deed.
• Moot appellate argument concerning mineral rights and interpretation of release language in acreage swap agreement.
• Moot summary-judgment argument concerning oil-and-gas royalty disputes. 
• Moot appellate argument in insurance coverage dispute over additional-insured status.
• Moot mandamus argument arising from insurance coverage dispute concerning settlement of securities fraud class action.
• Moot appellate argument in insurance dispute regarding domestication of out-of-state judgment by court-appointed receiver.
• Moot appellate argument about employee benefits and government pension issues concerning a municipal government agency.
• Moot appellate argument about vicarious liability of rideshare company and independent-contractor status of driver.
• Participated in legislative investigation and preparation of report concerning Uvalde, Texas school shooting tragedy.
• Mediation
• Mediated international contract dispute between a global energy technology firm and a precision forging and machining company, administered by the ICC.
• Mediated contract dispute between a professional services firm and an oil and gas exploration and production company.
• Mediated contract dispute involving a midstream pipeline operator and an oil and gas producer.
• Mediated breach of contract dispute involving a crude oil gathering agreement between a gathering and transportation company and an upstream energy company.
• Mediated contract dispute between a large healthcare system and a major health insurance provider.
• Mediated contract dispute involving multiple parties in the oil and gas industry, including an exploration and development company, a crude petroleum extractor, and an energy firm.
• Mediated service agreement dispute involving a technology development company specializing in low-temperature thermal desorption and a hazardous waste disposal firm.
• Mediated post-Winter Storm Uri dispute involving a natural gas provider and intrastate pipeline companies.
• Mediated class action dispute involving alleged violations of the Telephone Consumer Protection Act (TCPA).

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Memberships and Affiliations

Selected Awards and Honors

• Recipient, Jim D. Bowmer Professionalism Award, Texas Bar College, 2023
• Big Suits, The American Lawyer
  • Recognition for trial victory on a fraudulent transfer claim in ASARCO v. Americas Mining Corporation, resulting in a judgment valued between $7 and $10 billion (June 2009)
  • Recognition for jury trial victory defending a shareholder class action suit against the former directors of Pennzoil arising from the sale of company to Shell (January 2006)
• President’s Award for Outstanding Service, Houston Bar Association, 2012
• Texas Rising Star, Law & Politics, 2004–2010
• Outstanding Editor Award, Texas Law Review, 1997

Selected Publications

• “Engaging the Law: A Profile of Justice Michael Massengale,” Houston Bar Association Appellate Lawyer (Sept. 15, 2016)
• “Introduction to Researching Texas Constitutional History Online,” Journal of the Texas Supreme Court Historical Society (Spring 2015)
• “Riotous Uncertainty: A Quarrel With the ‘Commentators’ Rule’ Against Section 1441(c) Removal for Counterclaim, Cross-Claim, and Third-Party Defendants,” 75 Texas L. Rev. 659 (1997)

Background and Education

• Massengale PLLC, Houston, 2019–present
• Founder
• First Court of Appeals, Houston, 2009–2018
• Justice, 2009-2018
• Baker Botts, Houston, 1999–2009
• Partner, 2007–2009
• Associate, 1999–2006
• Law Clerk to Judge Harold R. DeMoss, Jr., U.S. Court of Appeals for the Fifth Circuit, 1997–1999
• J.D., with honors, University of Texas School of Law, 1997
• Book Review Editor, Texas Law Review (Vol. 75)
• Order of the Coif
• A.B., Dartmouth College, 1994