reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter B. Alternative Dispute Resolution Procedures › Section 154.027. Arbitration

Sec. 154.027.  ARBITRATION.  (a)  Nonbinding arbitration is a forum in which each party and counsel for the party present the position of the party before an impartial third party, who renders a specific award.
(b)  If the parties stipulate in advance, the award is binding and is enforceable in the same manner as any contract obligation.  If the parties do not stipulate in advance that the award is binding, the award is not binding and serves only as a basis for the parties' further settlement negotiations.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter C. Impartial Third Parties › Section 154.051. Appointment of Impartial Third Parties

Sec. 154.051.  APPOINTMENT OF IMPARTIAL THIRD PARTIES.  (a)  If a court refers a pending dispute for resolution by an alternative dispute resolution procedure under Section 154.021, the court may appoint an impartial third party to facilitate the procedure.
(b)  The court may appoint a third party who is agreed on by the parties if the person qualifies for appointment under this subchapter.
(c)  The court may appoint more than one third party under this section.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter C. Impartial Third Parties › Section 154.052. Qualifications of Impartial Third Party

Sec. 154.052.  QUALIFICATIONS OF IMPARTIAL THIRD PARTY.  (a)  Except as provided by Subsections (b) and (c), to qualify for an appointment as an impartial third party under this subchapter a person must have completed a minimum of 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court making the appointment.
(b)  To qualify for an appointment as an impartial third party under this subchapter in a dispute relating to the parent-child relationship, a person must complete the training required by Subsection (a) and an additional 24 hours of training in the fields of family dynamics, child development, and family law, including a minimum of four hours of family violence dynamics training developed in consultation with a statewide family violence advocacy organization.
(c)  In appropriate circumstances, a court may in its discretion appoint a person as an impartial third party who does not qualify under Subsection (a) or (b) if the court bases its appointment on legal or other professional training or experience in particular dispute resolution processes.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 195 (S.B. 539), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter C. Impartial Third Parties › Section 154.053. Standards and Duties of Impartial Third Parties

Sec. 154.053.  STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES.  (a)  A person appointed to facilitate an alternative dispute resolution procedure under this subchapter shall encourage and assist the parties in reaching a settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement.
(b)  Unless expressly authorized by the disclosing party, the impartial third party may not disclose to either party information given in confidence by the other and shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute.
(c)  Unless the parties agree otherwise, all matters, including the conduct and demeanor of the parties and their counsel during the settlement process, are confidential and may never be disclosed to anyone, including the appointing court.
(d)  Each participant, including the impartial third party, to an alternative dispute resolution procedure is subject to the requirements of Subchapter B, Chapter 261, Family Code, and Subchapter C, Chapter 48, Human Resources Code.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 29, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter C. Impartial Third Parties › Section 154.054. Compensation of Impartial Third Parties

Sec. 154.054.  COMPENSATION OF IMPARTIAL THIRD PARTIES.  (a)  The court may set a reasonable fee for the services of an impartial third party appointed under this subchapter.
(b)  Unless the parties agree to a method of payment, the court shall tax the fee for the services of an impartial third party as other costs of suit.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter C. Impartial Third Parties › Section 154.055. Qualified Immunity of Impartial Third Parties

Sec. 154.055.  QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES.  (a)  A person appointed to facilitate an alternative dispute resolution procedure under this subchapter or under Chapter 152 relating to an alternative dispute resolution system established by counties, or appointed by the parties whether before or after the institution of formal judicial proceedings, who is a volunteer and who does not act with wanton and wilful disregard of the rights, safety, or property of another, is immune from civil liability for any act or omission within the course and scope of his or her duties or functions as an impartial third party.  For purposes of this section, a volunteer impartial third party is a person who does not receive compensation in excess of reimbursement for expenses incurred or a stipend intended as reimbursement for expenses incurred.
(b)  This section neither applies to nor is it intended to enlarge or diminish any rights or immunities enjoyed by an arbitrator participating in a binding arbitration pursuant to any applicable statute or treaty.
Added by Acts 1993, 73rd Leg., ch. 875, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter D. Miscellaneous Provisions › Section 154.071. Effect of Written Settlement Agreement

Sec. 154.071.  EFFECT OF WRITTEN SETTLEMENT AGREEMENT.  (a)  If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract.
(b)  The court in its discretion may incorporate the terms of the agreement in the court's final decree disposing of the case.
(c)  A settlement agreement does not affect an outstanding court order unless the terms of the agreement are incorporated into a subsequent decree.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter D. Miscellaneous Provisions › Section 154.072. Statistical Information on Disputes Referred

Sec. 154.072.  STATISTICAL INFORMATION ON DISPUTES REFERRED.  The Texas Supreme Court shall determine the need and method for statistical reporting of disputes referred by the courts to alternative dispute resolution procedures.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 154 - Alternative Dispute Resolution Procedures › Subchapter D. Miscellaneous Provisions › Section 154.073. Confidentiality of Certain Records and Communications

Sec. 154.073.  CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS.  (a)  Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential, is not subject to disclosure, and may not be used as evidence against the participant in any judicial or administrative proceeding.
(b)  Any record made at an alternative dispute resolution procedure is confidential, and the participants or the third party facilitating the procedure may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.
(c)  An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable if it is admissible or discoverable independent of the procedure.
(d)  A final written agreement to which a governmental body, as defined by Section 552.003, Government Code, is a signatory that is reached as a result of a dispute resolution procedure conducted under this chapter is subject to or excepted from required disclosure in accordance with Chapter 552, Government Code.
(e)  If this section conflicts with other legal requirements for disclosure of communications, records, or materials, the issue of confidentiality may be presented to the court having jurisdiction of the proceedings to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure.
(f)  This section does not affect the duty to report abuse or neglect under Subchapter B, Chapter 261, Family Code, and abuse, exploitation, or neglect under Subchapter C, Chapter 48, Human Resources Code.
(g)  This section applies to a victim-offender mediation by the Texas Department of Criminal Justice as described in Article 56A.602, Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.  Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 30, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1352, Sec. 6, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1034, Sec. 13, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(6), 21.002(3), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.04, eff. January 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.001. Settlement Weeks Required

Sec. 155.001.  SETTLEMENT WEEKS REQUIRED.  In every county with a population of 150,000 or greater there shall be a settlement week during law week and judicial conference week each year or during any other two weeks as the administrative judge of each judicial district may designate.  During these weeks the district courts, constitutional and statutory county courts, and the family law courts will facilitate the voluntary settlement of civil and family law cases.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.005, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.002. Settlement Week Committee

Sec. 155.002.  SETTLEMENT WEEK COMMITTEE.  The administrative judge of each judicial district shall appoint a committee of attorneys and lay persons to effectuate each settlement week.  The committee may include the director of any established mediation or alternative dispute resolution center in the county and the chairperson of the local bar association's committee on alternative dispute resolution.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.006, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.003. Attorney to Serve as Mediator

Sec. 155.003.  ATTORNEY TO SERVE AS MEDIATOR.  Any attorney currently licensed in the state may serve as mediator during the settlement weeks under such terms and conditions and with such training as may be determined by the administrative judge of the judicial district.  Any such attorney so appointed by the court must meet the qualifications and will be governed by the rules of conduct set forth in Sections 154.052 and 154.053.  Any attorney so requested by the administrative judge of the judicial district shall serve as a mediator during the settlement weeks.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.007, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.004. Application of Certain Alternate Dispute Resolution Procedures

Sec. 155.004.  APPLICATION OF CERTAIN ALTERNATE DISPUTE RESOLUTION PROCEDURES.  The provisions of Sections 154.021 through 154.023, 154.053, 154.054, and 154.071 through 154.073 shall apply to parties and mediators participating in settlement weeks held under this chapter.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.008, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.005. Authority of Court

Sec. 155.005.  AUTHORITY OF COURT.  Each court participating in settlement weeks under this chapter shall have the authority to make orders needed, consistent with existing law, to implement settlement weeks and ensure any party's good faith participation.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.009, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 155 - Settlement Weeks › Section 155.006. Funding; Cooperation With Other Organizations

Sec. 155.006.  FUNDING; COOPERATION WITH OTHER ORGANIZATIONS.  The administrative judge may use any available funding from funds regularly used for court administration to carry out the purpose and intent of this chapter.  The administrative judge shall cooperate with the director of any established mediation or alternative dispute resolution center, the local bar, and other organizations to encourage participation and to develop public awareness of settlement weeks.
Added by Acts 1989, 71st Leg., ch. 1211, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.010, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter A. General Provisions › Section 171.001. Arbitration Agreements Valid

Sec. 171.001.  ARBITRATION AGREEMENTS VALID.  (a)  A written agreement to arbitrate is valid and enforceable if the agreement is to arbitrate a controversy that:
(1)  exists at the time of the agreement;  or
(2)  arises between the parties after the date of the agreement.
(b)  A party may revoke the agreement only on a ground that exists at law or in equity for the revocation of a contract.
Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 1708, ch. 704, Sec. 1, eff. Aug. 27, 1979.  Redesignated from Vernon's Ann.Civ.Stat. art. 224 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter A. General Provisions › Section 171.002. Scope of Chapter

Sec. 171.002.  SCOPE OF CHAPTER.  (a)  This chapter does not apply to:
(1)  a collective bargaining agreement between an employer and a labor union;
(2)  an agreement for the acquisition by one or more individuals of property, services, money, or credit in which the total consideration to be furnished by the individual is not more than $50,000, except as provided by Subsection (b);
(3)  a claim for personal injury, except as provided by Subsection (c);
(4)  a claim for workers' compensation benefits;  or
(5)  an agreement made before January 1, 1966.
(b)  An agreement described by Subsection (a)(2) is subject to this chapter if:
(1)  the parties to the agreement agree in writing to arbitrate;  and
(2)  the agreement is signed by each party and each party's attorney.
(c)  A claim described by Subsection (a)(3) is subject to this chapter if:
(1)  each party to the claim, on the advice of counsel, agrees in writing to arbitrate;  and
(2)  the agreement is signed by each party and each party's attorney.
Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1, 1966.  Redesignated from Vernon's Ann.Civ.Stat. art. 225 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter A. General Provisions › Section 171.003. Uniform Interpretation

Sec. 171.003.  UNIFORM INTERPRETATION.  This chapter shall be construed to effect its purpose and make uniform the construction of other states' law applicable to an arbitration.
Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1, 1966.  Redesignated from Vernon's Ann.Civ.Stat. art. 226 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.021. Proceeding to Compel Arbitration

Sec. 171.021.  PROCEEDING TO COMPEL ARBITRATION.  (a)  A court shall order the parties to arbitrate on application of a party showing:
(1)  an agreement to arbitrate;  and
(2)  the opposing party's refusal to arbitrate.
(b)  If a party opposing an application made under Subsection (a) denies the existence of the agreement, the court shall summarily determine that issue.  The court shall order the arbitration if it finds for the party that made the application.  If the court does not find for that party, the court shall deny the application.
(c)  An order compelling arbitration must include a stay of any proceeding subject to Section 171.025.
Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 338, Sec. 1, eff. Aug. 26, 1985.  Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 1 to 2A and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.022. Unconscionable Agreements Unenforceable

Sec. 171.022.  UNCONSCIONABLE AGREEMENTS UNENFORCEABLE.  A court may not enforce an agreement to arbitrate if the court finds the agreement was unconscionable at the time the agreement was made.
Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 338, Sec. 2, eff. Aug. 26, 1985.  Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 3 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.023. Proceeding to Stay Arbitration

Sec. 171.023.  PROCEEDING TO STAY ARBITRATION.  (a)  A court may stay an arbitration commenced or threatened on application and a showing that there is not an agreement to arbitrate.
(b)  If there is a substantial bona fide dispute as to whether an agreement to arbitrate exists, the court shall try the issue promptly and summarily.
(c)  The court shall stay the arbitration if the court finds for the party moving for the stay.  If the court finds for the party opposing the stay, the court shall order the parties to arbitrate.
Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.  Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 4 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.024. Place for Making Application

Sec. 171.024.  PLACE FOR MAKING APPLICATION.  (a)  If there is a proceeding pending in a court involving an issue referable to arbitration under an alleged agreement to arbitrate, a party may make an application under this subchapter only in that court.
(b)  If Subsection (a) does not apply, a party may make an application in any court, subject to Section 171.096.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.025. Stay of Related Proceeding

Sec. 171.025.  STAY OF RELATED PROCEEDING.  (a)  The court shall stay a proceeding that involves an issue subject to arbitration if an order for arbitration or an application for that order is made under this subchapter.
(b)  The stay applies only to the issue subject to arbitration if that issue is severable from the remainder of the proceeding.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter B. Proceedings to Compel or Stay Arbitrations › Section 171.026. Validity of Underlying Claim

Sec. 171.026.  VALIDITY OF UNDERLYING CLAIM.  A court may not refuse to order arbitration because:
(1)  the claim lacks merit or bona fides;  or
(2)  the fault or ground for the claim is not shown.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.041. Appointment of Arbitrators

Sec. 171.041.  APPOINTMENT OF ARBITRATORS.  (a)  The method of appointment of arbitrators is as specified in the agreement to arbitrate.
(b)  The court, on application of a party stating the nature of the issues to be arbitrated and the qualifications of the proposed arbitrators, shall appoint one or more qualified arbitrators if:
(1)  the agreement to arbitrate does not specify a method of appointment;
(2)  the agreed method fails or cannot be followed;  or
(3)  an appointed arbitrator fails or is unable to act and a successor has not been appointed.
(c)  An arbitrator appointed under Subsection (b) has the powers of an arbitrator named in the agreement to arbitrate.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.042. Majority Action by Arbitrators

Sec. 171.042.  MAJORITY ACTION BY ARBITRATORS.  The powers of the arbitrators are exercised by a majority unless otherwise provided by the agreement to arbitrate or this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.043. Hearing Conducted by Arbitrators

Sec. 171.043.  HEARING CONDUCTED BY ARBITRATORS.  (a)  Unless otherwise provided by the agreement to arbitrate, all the arbitrators shall conduct the hearing.  A majority of the arbitrators may determine a question and render a final award.
(b)  If, during the course of the hearing, an arbitrator ceases to act, one or more remaining arbitrators appointed to act as neutral arbitrators may hear and determine the controversy.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.044. Time and Place of Hearing; Notice

Sec. 171.044.  TIME AND PLACE OF HEARING;  NOTICE.  (a)  Unless otherwise provided by the agreement to arbitrate, the arbitrators shall set a time and place for the hearing and notify each party.
(b)  The notice must be served not later than the fifth day before the hearing either personally or by registered or certified mail with return receipt requested.  Appearance at the hearing waives the notice.
(c)  The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.045. Adjournment or Postponement

Sec. 171.045.  ADJOURNMENT OR POSTPONEMENT.  Unless otherwise provided by the agreement to arbitrate, the arbitrators may:
(1)  adjourn the hearing as necessary;  and
(2)  on request of a party and for good cause, or on their own motion, postpone the hearing to a time not later than:
(A)  the date set by the agreement for making the award;  or
(B)  a later date agreed to by the parties.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.046. Failure of Party to Appear

Sec. 171.046.  FAILURE OF PARTY TO APPEAR.  Unless otherwise provided by the agreement to arbitrate, the arbitrators may hear and determine the controversy on the evidence produced without regard to whether a party who has been notified as provided by Section 171.044 fails to appear.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.047. Rights of Party at Hearing

Sec. 171.047.  RIGHTS OF PARTY AT HEARING.  Unless otherwise provided by the agreement to arbitrate, a party at the hearing is entitled to:
(1)  be heard;
(2)  present evidence material to the controversy;  and
(3)  cross-examine any witness.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.048. Representation by Attorney; Fees

Sec. 171.048.  REPRESENTATION BY ATTORNEY;  FEES.  (a)  A party is entitled to representation by an attorney at a proceeding under this chapter.
(b)  A waiver of the right described by Subsection (a) before the proceeding is ineffective.
(c)  The arbitrators shall award attorney's fees as additional sums required to be paid under the award only if the fees are provided for:
(1)  in the agreement to arbitrate;  or
(2)  by law for a recovery in a civil action in the district court on a cause of action on which any part of the award is based.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.049. Oath

Sec. 171.049.  OATH.  The arbitrators, or an arbitrator at the direction of the arbitrators, may administer to each witness testifying before them the oath required of a witness in a civil action pending in a district court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.050. Depositions

Sec. 171.050.  DEPOSITIONS.  (a)  The arbitrators may authorize a deposition:
(1)  for use as evidence to be taken of a witness who cannot be required by subpoena to appear before the arbitrators or who is unable to attend the hearing;  or
(2)  for discovery or evidentiary purposes to be taken of an adverse witness.
(b)  A deposition under this section shall be taken in the manner provided by law for a deposition in a civil action pending in a district court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.051. Subpoenas

Sec. 171.051.  SUBPOENAS.  (a)  The arbitrators, or an arbitrator at the direction of the arbitrators, may issue a subpoena for:
(1)  attendance of a witness;  or
(2)  production of books, records, documents, or other evidence.
(b)  A witness required to appear by subpoena under this section may appear at the hearing before the arbitrators or at a deposition.
(c)  A subpoena issued under this section shall be served in the manner provided by law for the service of a subpoena issued in a civil action pending in a district court.
(d)  Each provision of law requiring a witness to appear, produce evidence, and testify under a subpoena issued in a civil action pending in a district court applies to a subpoena issued under this section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.052. Witness Fee

Sec. 171.052.  WITNESS FEE.  The fee for a witness attending a hearing or a deposition under this subchapter is the same as the fee for a witness in a civil action in a district court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.053. Arbitrators' Award

Sec. 171.053.  ARBITRATORS' AWARD.  (a)  The arbitrators' award must be in writing and signed by each arbitrator joining in the award.
(b)  The arbitrators shall deliver a copy of the award to each party personally, by registered or certified mail, or as provided in the agreement.
(c)  The arbitrators shall make the award:
(1)  within the time established by the agreement to arbitrate;  or
(2)  if a time is not established by the agreement, within the time ordered by the court on application of a party.
(d)  The parties may extend the time for making the award either before or after the time expires.  The extension must be in writing.
(e)  A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of the objection before the delivery of the award to that party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.054. Modification or Correction to Award

Sec. 171.054.  MODIFICATION OR CORRECTION TO AWARD.  (a)  The arbitrators may modify or correct an award:
(1)  on the grounds stated in Section 171.091;  or
(2)  to clarify the award.
(b)  A modification or correction under Subsection (a) may be made only:
(1)  on application of a party;  or
(2)  on submission to the arbitrators by a court, if an application to the court is pending under Sections 171.087, 171.088, 171.089, and 171.091, subject to any condition ordered by the court.
(c)  A party may make an application under this section not later than the 20th day after the date the award is delivered to the applicant.
(d)  An applicant shall give written notice of the application promptly to the opposing party.  The notice must state that the opposing party must serve any objection to the application not later than the 10th day after the date of notice.
(e)  An award modified or corrected under this section is subject to Sections 171.087, 171.088, 171.089, 171.090, and 171.091.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter C. Arbitration › Section 171.055. Arbitrator's Fees and Expenses

Sec. 171.055.  ARBITRATOR'S FEES AND EXPENSES.  Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, with other expenses incurred in conducting the arbitration, shall be paid as provided in the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.081. Jurisdiction

Sec. 171.081.  JURISDICTION.  The making of an agreement described by Section 171.001 that provides for or authorizes an arbitration in this state and to which that section applies confers jurisdiction on the court to enforce the agreement and to render judgment on an award under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.082. Application to Court; Fees

Sec. 171.082.  APPLICATION TO COURT;  FEES.  (a)  The filing with the clerk of the court of an application for an order under this chapter, including a judgment or decree, invokes the jurisdiction of the court.
(b)  On the filing of the initial application and the payment to the clerk of the fees of court required to be paid on the filing of a civil action in the court, the clerk shall docket the proceeding as a civil action pending in that court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.083. Time for Filing

Sec. 171.083.  TIME FOR FILING.  An applicant for a court order under this chapter may file the application:
(1)  before arbitration proceedings begin in support of those proceedings;
(2)  during the period the arbitration is pending before the arbitrators;  or
(3)  subject to this chapter, at or after the conclusion of the arbitration.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.084. Stay of Certain Proceedings

Sec. 171.084.  STAY OF CERTAIN PROCEEDINGS.  (a)  After an initial application is filed, the court may stay:
(1)  a proceeding under a later filed application in another court to:
(A)  invoke the jurisdiction of that court;  or
(B)  obtain an order under this chapter;  or
(2)  a proceeding instituted after the initial application has been filed.
(b)  A stay under this section affects only an issue subject to arbitration under an agreement in accordance with the terms of the initial application.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.085. Contents of Application

Sec. 171.085.  CONTENTS OF APPLICATION.  (a)  A court may require that an application filed under this chapter:
(1)  show the jurisdiction of the court;
(2)  have attached a copy of the agreement to arbitrate;
(3)  define the issue subject to arbitration between the parties under the agreement;
(4)  specify the status of the arbitration before the arbitrators;  and
(5)  show the need for the court order sought by the applicant.
(b)  A court may not find an application inadequate because of the absence of a requirement listed in Subsection (a) unless the court, in its discretion:
(1)  requires that the applicant amend the application to meet the requirements of the court;  and
(2)  grants the applicant a 10-day period to comply.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.086. Orders That May Be Rendered

Sec. 171.086.  ORDERS THAT MAY BE RENDERED.  (a)  Before arbitration proceedings begin, in support of arbitration a party may file an application for a court order, including an order to:
(1)  invoke the jurisdiction of the court over the adverse party and to effect that jurisdiction by service of process on the party before arbitration proceedings begin;
(2)  invoke the jurisdiction of the court over an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner and subject to the conditions under which the proceeding may be instituted and conducted ancillary to a civil action in a district court;
(3)  restrain or enjoin:
(A)  the destruction of all or an essential part of the subject matter of the controversy;  or
(B)  the destruction or alteration of books, records, documents, or other evidence needed for the arbitration;
(4)  obtain from the court in its discretion an order for a deposition for discovery, perpetuation of testimony, or evidence needed before the arbitration proceedings begin;
(5)  appoint one or more arbitrators so that an arbitration under the agreement to arbitrate may proceed;  or
(6)  obtain other relief, which the court can grant in its discretion, needed to permit the arbitration to be conducted in an orderly manner and to prevent improper interference or delay of the arbitration.
(b)  During the period an arbitration is pending before the arbitrators or at or after the conclusion of the arbitration, a party may file an application for a court order, including an order:
(1)  that was referred to or that would serve a purpose referred to in Subsection (a);
(2)  to require compliance by an adverse party or any witness with an order made under this chapter by the arbitrators during the arbitration;
(3)  to require the issuance and service under court order, rather than under the arbitrators' order, of a subpoena, notice, or other court process:
(A)  in support of the arbitration;  or
(B)  in an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner of and subject to the conditions under which the proceeding may be conducted ancillary to a civil action in a district court;
(4)  to require security for the satisfaction of a court judgment that may be later entered under an award;
(5)  to support the enforcement of a court order entered under this chapter;  or
(6)  to obtain relief under Section 171.087, 171.088, 171.089, or 171.091.
(c)  A court may not require an applicant for an order under Subsection (a)(1) to show that the adverse party is about to, or may, leave the state if jurisdiction over that party is not effected by service of process before the arbitration proceedings begin.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.087. Confirmation of Award

Sec. 171.087.  CONFIRMATION OF AWARD.  Unless grounds are offered for vacating, modifying, or correcting an award under Section 171.088 or 171.091, the court, on application of a party, shall confirm the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.088. Vacating Award

Sec. 171.088.  VACATING AWARD.  (a)  On application of a party, the court shall vacate an award if:
(1)  the award was obtained by corruption, fraud, or other undue means;
(2)  the rights of a party were prejudiced by:
(A)  evident partiality by an arbitrator appointed as a neutral arbitrator;
(B)  corruption in an arbitrator;  or
(C)  misconduct or wilful misbehavior of an arbitrator;
(3)  the arbitrators:
(A)  exceeded their powers;
(B)  refused to postpone the hearing after a showing of sufficient cause for the postponement;
(C)  refused to hear evidence material to the controversy;  or
(D)  conducted the hearing, contrary to Section 171.043, 171.044, 171.045, 171.046, or 171.047, in a manner that substantially prejudiced the rights of a party;  or
(4)  there was no agreement to arbitrate, the issue was not adversely determined in a proceeding under Subchapter B, and the party did not participate in the arbitration hearing without raising the objection.
(b)  A party must make an application under this section not later than the 90th day after the date of delivery of a copy of the award to the applicant.  A party must make an application under Subsection (a)(1) not later than the 90th day after the date the grounds for the application are known or should have been known.
(c)  If the application to vacate is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.089. Rehearing After Award Vacated

Sec. 171.089.  REHEARING AFTER AWARD VACATED.  (a)  On vacating an award on grounds other than the grounds stated in Section 171.088(a)(4), the court may order a rehearing before new arbitrators chosen:
(1)  as provided in the agreement to arbitrate;  or
(2)  by the court under Section 171.041, if the agreement does not provide the manner for choosing the arbitrators.
(b)  If the award is vacated under Section 171.088(a)(3), the court may order a rehearing before the arbitrators who made the award or their successors appointed under Section 171.041.
(c)  The period within which the agreement to arbitrate requires the award to be made applies to a rehearing under this section and commences from the date of the order.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.090. Type of Relief Not Factor

Sec. 171.090.  TYPE OF RELIEF NOT FACTOR.  The fact that the relief granted by the arbitrators could not or would not be granted by a court of law or equity is not a ground for vacating or refusing to confirm the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.091. Modifying or Correcting Award

Sec. 171.091.  MODIFYING OR CORRECTING AWARD.  (a)  On application, the court shall modify or correct an award if:
(1)  the award contains:
(A)  an evident miscalculation of numbers;  or
(B)  an evident mistake in the description of a person, thing, or property referred to in the award;
(2)  the arbitrators have made an award with respect to a matter not submitted to them and the award may be corrected without affecting the merits of the decision made with respect to the issues that were submitted;  or
(3)  the form of the award is imperfect in a manner not affecting the merits of the controversy.
(b)  A party must make an application under this section not later than the 90th day after the date of delivery of a copy of the award to the applicant.
(c)  If the application is granted, the court shall modify or correct the award to effect its intent and shall confirm the award as modified or corrected.  If the application is not granted, the court shall confirm the award.
(d)  An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.092. Judgment on Award

Sec. 171.092.  JUDGMENT ON AWARD.  (a)  On granting an order that confirms, modifies, or corrects an award, the court shall enter a judgment or decree conforming to the order.  The judgment or decree may be enforced in the same manner as any other judgment or decree.
(b)  The court may award:
(1)  costs of the application and of the proceedings subsequent to the application;  and
(2)  disbursements.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.093. Hearing; Notice

Sec. 171.093.  HEARING;  NOTICE.  The court shall hear each initial and subsequent application under this subchapter in the manner and with the notice required by law or court rule for making and hearing a motion filed in a pending civil action in a district court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.