reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 171 - General Arbitration › Subchapter D. Court Proceedings › Section 171.094. Service of Process for Initial Application

Sec. 171.094.  SERVICE OF PROCESS FOR INITIAL APPLICATION.  (a)  On the filing of an initial application under this subchapter, the clerk of the court shall:
(1)  issue process for service on each adverse party named in the application;  and
(2)  attach a copy of the application to the process.
(b)  To the extent applicable, the process and service and the return of service must be in the form and include the substance required for process and service on a defendant in a civil action in a district court.
(c)  An authorized official may effect the service of process.
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 171.095. Service of Process for Subsequent Applications

Sec. 171.095.  SERVICE OF PROCESS FOR SUBSEQUENT APPLICATIONS.  (a)  After an initial application has been made, notice to an adverse party for each subsequent application shall be made in the same manner as is required for a motion filed in a pending civil action in a district court.  This subsection applies only if:
(1)  jurisdiction over the adverse party has been established by service of process on the party or in rem for the initial application;  and
(2)  the subsequent application relates to:
(A)  the same arbitration or a prospective arbitration under the same agreement to arbitrate;  and
(B)  the same controversy or controversies.
(b)  If Subsection (a) does not apply, service of process shall be made on the adverse party in the manner provided by Section 171.094.
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 171.096. Place of Filing

Sec. 171.096.  PLACE OF FILING.  (a)  Except as otherwise provided by this section, a party must file the initial application:
(1)  in the county in which an adverse party resides or has a place of business;  or
(2)  if an adverse party does not have a residence or place of business in this state, in any county.
(b)  If the agreement to arbitrate provides that the hearing before the arbitrators is to be held in a county in this state, a party must file the initial application with the clerk of the court of that county.
(c)  If a hearing before the arbitrators has been held, a party must file the initial application with the clerk of the court of the county in which the hearing was held.
(d)  Consistent with Section 171.024, if a proceeding is pending in a court relating to arbitration of an issue subject to arbitration under an agreement before the filing of the initial application, a party must file the initial application and any subsequent application relating to the arbitration 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 171.097. Transfer

Sec. 171.097.  TRANSFER.  (a)  On application of a party adverse to the party who filed the initial application, a court that has jurisdiction but that is located in a county other than as described by Section 171.096 shall transfer the application to a court of a county described by that section.
(b)  The court shall transfer the application by an order comparable to an order sustaining a plea of privilege to be sued in a civil action in a district court of a county other than the county in which an action is filed.
(c)  The party must file the application under this section:
(1)  not later than the 20th day after the date of service of process on the adverse party;  and
(2)  before any other appearance in the court by that adverse party, other than an appearance to challenge the jurisdiction of the 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 171.098. Appeal

Sec. 171.098.  APPEAL.  (a)  A party may appeal a judgment or decree entered under this chapter or an order:
(1)  denying an application to compel arbitration made under Section 171.021;
(2)  granting an application to stay arbitration made under Section 171.023;
(3)  confirming or denying confirmation of an award;
(4)  modifying or correcting an award;  or
(5)  vacating an award without directing a rehearing.
(b)  The appeal shall be taken in the manner and to the same extent as an appeal from an order or judgment in a civil action.
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 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.001. Scope of Chapter

Sec. 172.001.  SCOPE OF CHAPTER.  (a)  This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States and another state or states.
(b)  This chapter, except Sections 172.174 and 172.175, applies only to arbitration or conciliation in this state.
(c)  Except as provided by Subsection (d), this chapter does not affect another state law under which a dispute:
(1)  may not be submitted to arbitration;  or
(2)  may be submitted to arbitration only in accordance with law other than this chapter.
(d)  Except as provided by this subsection, this chapter supersedes Subchapters B and C, Chapter 171, with respect to international commercial arbitration and conciliation.  This chapter does not supersede Subchapter A or D of that chapter or Section 171.022.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-1 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.002. Definitions

Sec. 172.002.  DEFINITIONS.  (a)  In this chapter:
(1)  "Arbitration" includes any arbitration without regard to whether it is administered by a permanent arbitration institution.
(2)  "Arbitration agreement" means an agreement to arbitrate a dispute that has arisen or may arise between the parties concerning a defined legal relationship, without regard to whether the legal relationship is contractual.  The term includes an arbitration clause in a contract or a separate agreement.
(3)  "Arbitration award" means a decision of an arbitration tribunal on the substance of a dispute submitted to it and includes an interim, interlocutory, or partial award.
(4)  "Arbitration tribunal" means a sole arbitrator or a panel of arbitrators.
(5)  "Claim" includes a counterclaim.
(6)  "Conciliation" includes any conciliation without regard to whether it is administered by a permanent conciliation institution.
(7)  "Defense" includes a defense to a counterclaim.
(8)  "Party" means a party to an arbitration or conciliation agreement.
(b)  The meanings assigned by this section to "claim" and "defense" do not apply in Sections 172.114(a) and 172.118(b)(1).
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-2 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.003. International Agreement

Sec. 172.003.  INTERNATIONAL AGREEMENT.  (a)  An arbitration or conciliation agreement is international if:
(1)  the places of business of the parties to the agreement are located in different states when the agreement is concluded;
(2)  any of the following places is located outside any state in which a party has a place of business:
(A)  the place of arbitration or conciliation determined under the arbitration or conciliation agreement;
(B)  a place where a substantial part of the obligations of the commercial relationship is to be performed;  or
(C)  the place with which the subject matter of the dispute is most closely connected;
(3)  each party has expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one state;  or
(4)  the arbitration or conciliation agreement arises out of a legal relationship that has another reasonable relation with more than one state.
(b)  Subsection (a)(4) applies without regard to whether the legal relationship is contractual.
(c)  For purposes of this section, the place of business of a party who has more than one place of business is the place that has the closest relationship to the arbitration or conciliation agreement.  If a party does not have a place of business, the party's place of business is the party's habitual residence.
(d)  For purposes of this section, the states of the United States and the District of Columbia are one state.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-3 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.004. Commercial Agreement

Sec. 172.004.  COMMERCIAL AGREEMENT.  An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including:
(1)  a transaction for the supply or exchange of goods or services;
(2)  a distribution agreement;
(3)  a commercial representation or agency;
(4)  an exploitation agreement or concession;
(5)  a joint venture or other related form of industrial or business cooperation;
(6)  the carriage of goods or passengers by air, sea, rail, or road;
(7)  a relationship involving:
(A)  construction;
(B)  insurance;
(C)  licensing;
(D)  factoring;
(E)  leasing;
(F)  consulting;
(G)  engineering;
(H)  financing;
(I)  banking;
(J)  professional services;  or
(K)  intellectual or industrial property, including trademarks, patents, copyrights, and software programs;  or
(8)  the transfer of data or technology.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-4 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.005. Date Written Communications Received

Sec. 172.005.  DATE WRITTEN COMMUNICATIONS RECEIVED.  (a)  Except as agreed by the parties, a written communication is received on the day that it is delivered:
(1)  to the addressee personally;  or
(2)  at the addressee's place of business, habitual residence, or mailing address.
(b)  If a place described by Subsection (a) cannot be found after a reasonable inquiry, a written communication is received if it is sent to the addressee's last known place of business, habitual residence, or mailing address by registered mail or other means that provides a record of the attempt to deliver it.
(c)  This section does not apply to a written communication relating to a court proceeding.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-5 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.006. Waiver of Right to Object

Sec. 172.006.  WAIVER OF RIGHT TO OBJECT.  (a)  A party who proceeds with the arbitration knowing that a provision of this chapter or the arbitration agreement has not been complied with waives the right to object to the noncompliance unless the party states the objection:
(1)  without undue delay;  or
(2)  if a period is provided for stating that objection, within that period.
(b)  Subsection (a) applies only to a provision of this chapter as to which the parties may agree to act in a different manner.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-6 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter A. General Provisions › Section 172.007. Delegation of Certain Determinations

Sec. 172.007.  DELEGATION OF CERTAIN DETERMINATIONS.  The parties may authorize a third party, including an institution, to determine any issue the parties may determine under this chapter, other than a determination under Section 172.102.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter B. Arbitration Agreements › Section 172.031. Arbitration Agreements Valid

Sec. 172.031.  ARBITRATION AGREEMENTS VALID.  (a)  A written arbitration agreement 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.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter B. Arbitration Agreements › Section 172.032. Requirements for Arbitration Agreement

Sec. 172.032.  REQUIREMENTS FOR ARBITRATION AGREEMENT.  (a)  An arbitration agreement must be in writing.  The agreement is in writing if it is contained in:
(1)  a document signed by each party;
(2)  an exchange of letters, telexes, telegrams, or other means of telecommunication that provide a record of the agreement;  or
(3)  an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another.
(b)  A contract reference to a document containing an arbitration clause is an arbitration agreement if the contract is in writing and the reference is sufficient to make that clause part of the contract.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter B. Arbitration Agreements › Section 172.033. Rules Referred to in Agreement

Sec. 172.033.  RULES REFERRED TO IN AGREEMENT.  An agreement of the parties under this chapter includes any arbitration or conciliation rules referred to by that agreement.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.051. Number of Arbitrators

Sec. 172.051.  NUMBER OF ARBITRATORS.  An arbitration has one arbitrator unless the parties agree to additional arbitrators.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-7 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.052. Nationality of Arbitrator

Sec. 172.052.  NATIONALITY OF ARBITRATOR.  A person of any nationality may be an arbitrator.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-8 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.053. Appointment of Arbitration Tribunal

Sec. 172.053.  APPOINTMENT OF ARBITRATION TRIBUNAL.  (a)  Subject to Sections 172.054(b), (c), and (d) and Section 172.055, the parties may agree on a procedure for appointing the arbitration tribunal.
(b)  If an agreement is not made under Subsection (a), in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-9 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.054. Appointment by Court

Sec. 172.054.  APPOINTMENT BY COURT.  (a)  On request of a party, the district court of the county in which the place of arbitration is located shall appoint each arbitrator if:
(1)  an agreement is not made under Section 172.053(a) in an arbitration with a sole arbitrator and the parties fail to agree on the arbitrator;  or
(2)  the appointment procedure in Section 172.053(b) applies and:
(A)  a party fails to appoint an arbitrator not later than the 30th day after the date of receipt of a request to do so from the other party;  or
(B)  the two appointed arbitrators fail to agree on the third arbitrator not later than the 30th day after the date of their appointment.
(b)  On request of a party, the district court of the county in which the place of arbitration is located may take necessary measures if under an appointment procedure agreed to by each party:
(1)  a party fails to act as required under that procedure;
(2)  the parties or two appointed arbitrators fail to reach an agreement expected of them under that procedure;  or
(3)  a third party, including an institution, fails to perform a function assigned to the party under that procedure.
(c)  Subsection (b) does not apply if the agreement on the appointment procedure provides other means for securing the appointment.
(d)  A decision of the district court under this section is final and not subject to appeal.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.055. Factors Considered

Sec. 172.055.  FACTORS CONSIDERED.  In appointing an arbitrator, the district court shall consider:
(1)  each qualification required of the arbitrator by the arbitration agreement;
(2)  any consideration making more likely the appointment of an independent and impartial arbitrator;  and
(3)  in the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than that of any party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.056. Disclosure of Grounds for Challenge

Sec. 172.056.  DISCLOSURE OF GROUNDS FOR CHALLENGE.  (a)  Except as otherwise provided by this chapter, a person who is contacted in connection with the person's possible appointment or designation as an arbitrator or conciliator or who is appointed or designated shall, not later than the 21st day after the date of the contact, appointment, or designation, disclose to each party any information that might cause the person's impartiality or independence to be questioned, including information that:
(1)  the person:
(A)  has a personal bias or prejudice concerning a party;
(B)  has personal knowledge of a disputed evidentiary fact concerning the proceeding;
(C)  served as an attorney in the matter in controversy;
(D)  is or has been associated with another who has participated in the matter during the association;
(E)  has been a material witness concerning the matter;
(F)  served as an arbitrator or conciliator in another proceeding involving a party to the proceeding;  or
(G)  has a close personal or professional relationship with a person who:
(i)  is or has been a party to the proceeding or an officer, director, or trustee of a party;
(ii)  is acting or has acted as an attorney or representative in the proceeding;
(iii)  is or expects to be nominated as an arbitrator or conciliator in the proceeding;
(iv)  is known to have an interest that could be substantially affected by the outcome of the proceeding;  or
(v)  is likely to be a material witness in the proceeding;
(2)  the person, individually or as a fiduciary, or the person's spouse or minor child residing in the person's household has:
(A)  a financial interest in:
(i)  the subject matter in controversy;  or
(ii)  a party to the proceeding;  or
(B)  any other interest that could be substantially affected by the outcome of the proceeding;  or
(3)  the person, the person's spouse, a person within the third degree of relationship to either of them, or the spouse of that person:
(A)  is or has been a party to the proceeding or an officer, director, or trustee of a party;
(B)  is acting or has acted as an attorney in the proceeding;
(C)  is known to have an interest that could be substantially affected by the outcome of the proceeding;  or
(D)  is likely to be a material witness in the proceeding.
(b)  Except as provided by this subsection, the parties may agree to waive the disclosure under Subsection (a).  A party may not waive the disclosure for a person serving as:
(1)  the sole arbitrator or conciliator;  or
(2)  the chief or prevailing arbitrator or conciliator.
(c)  After appointment and throughout the arbitration or conciliation, an arbitrator or conciliator shall promptly disclose to each party any circumstance described by Subsection (a) that was not previously disclosed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.057. Grounds for Challenge; Limitation

Sec. 172.057.  GROUNDS FOR CHALLENGE;  LIMITATION.  Except as provided by agreement of the parties or the rules governing the arbitration, a party may challenge an arbitrator only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality, independence, or possession of a qualification on which the parties have agreed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.058. Challenge After Appointment

Sec. 172.058.  CHALLENGE AFTER APPOINTMENT.  A party who appointed or participated in the appointment of an arbitrator may challenge that arbitrator only for a reason that the party becomes aware of after the appointment is made.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.059. Challenge Procedure

Sec. 172.059.  CHALLENGE PROCEDURE.  (a)  The parties may agree on a procedure for challenging an arbitrator.  A decision reached under that procedure is final.
(b)  If there is not an agreement under Subsection (a), a party challenging an arbitrator shall send a written statement of the reason for the challenge to the arbitration tribunal.  The party shall send the statement not later than the 15th day after the later date the party becomes aware of:
(1)  the constitution of the tribunal;  or
(2)  a circumstance referred to in Section 172.057 or 172.058.
(c)  Unless the arbitrator challenged under Subsection (b) withdraws from office or the other party agrees to the challenge, the arbitration tribunal shall decide the challenge.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.060. Appeal of Unsuccessful Challenge

Sec. 172.060.  APPEAL OF UNSUCCESSFUL CHALLENGE.  (a)  If a challenge under Sections 172.059(b) and (c) is unsuccessful, the challenging party, not later than the 30th day after the date the party receives notice of the decision rejecting the challenge, may request the district court of the county in which the place of arbitration is located to decide the challenge.
(b)  The court shall sustain the challenge if the facts support a finding that grounds under Section 172.057 fairly exist.
(c)  The decision of the court is final and not subject to appeal.
(d)  While a request under Subsection (a) is pending, the arbitration tribunal, including the challenged arbitrator, may continue the arbitration and make an award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.061. Failure or Impossibility to Act

Sec. 172.061.  FAILURE OR IMPOSSIBILITY TO ACT.  (a)  The mandate of an arbitrator terminates if the arbitrator:
(1)  is unable to perform the arbitrator's functions or for another reason fails to act without undue delay;  and
(2)  withdraws from office or each party agrees to the termination.
(b)  If there is a controversy concerning the termination of the arbitrator's mandate under Subsection (a), a party may request the district court of the county in which the place of arbitration is located to decide the termination.  The decision of the court is not subject to appeal.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.062. Termination of Mandate

Sec. 172.062.  TERMINATION OF MANDATE.  The mandate of an arbitrator terminates:
(1)  on withdrawal from office;
(2)  when the parties agree;  or
(3)  as provided by Section 172.059, 172.060, or 172.061.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.063. Substitution of Arbitrator

Sec. 172.063.  SUBSTITUTION OF ARBITRATOR.  (a)  When the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
(b)  Except as agreed by the parties:
(1)  if the sole or presiding arbitrator is replaced, a hearing previously held shall be repeated;  and
(2)  if an arbitrator other than the sole or presiding arbitrator is replaced, a hearing previously held may be repeated at the discretion of the arbitration tribunal.
(c)  Except as agreed by the parties, an order or ruling of the arbitration tribunal made before the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter C. Arbitrators › Section 172.064. Withdrawal of Arbitrator

Sec. 172.064.  WITHDRAWAL OF ARBITRATOR.  The withdrawal of an arbitrator from office or the agreement of a party to the termination of the mandate of an arbitrator under Section 172.059(c) or Section 172.061 does not imply acceptance of the validity of a ground referred to in Section 172.057, 172.058, or 172.061.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter D. Arbitration Tribunal › Section 172.081. Decision of Arbitration Tribunal

Sec. 172.081.  DECISION OF ARBITRATION TRIBUNAL.  (a)  Except as agreed by the parties or as provided by Subsection (b), in an arbitration with more than one arbitrator, a decision of the arbitration tribunal must be made by a majority of its members.
(b)  If authorized by the parties or all the members of the arbitration tribunal, a presiding arbitrator may decide a procedural question.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter D. Arbitration Tribunal › Section 172.082. Determination of Jurisdiction of Arbitration Tribunal

Sec. 172.082.  DETERMINATION OF JURISDICTION OF ARBITRATION TRIBUNAL.  (a)  The arbitration tribunal may rule on its own jurisdiction, including an objection with respect to the existence or validity of the arbitration agreement.  For that purpose, an arbitration clause that is part of a contract is an agreement independent of the other terms of the contract.  A decision by the tribunal that the contract is void does not make the arbitration clause invalid.
(b)  A party may not plead that the arbitration tribunal does not have jurisdiction after the submission of the statement of defense.  A party is not precluded from pleading because the party has appointed or participated in the appointment of an arbitrator.
(c)  A party may plead that the arbitration tribunal is exceeding the scope of its authority only when the matter alleged to be beyond the scope of its authority is raised during the arbitration.
(d)  The arbitration tribunal may allow a plea after the period described by Subsection (b) or (c) if the tribunal considers the delay justified.
(e)  The arbitration tribunal may rule on a plea described by Subsection (b), (c), or (d) as a preliminary question or in an award on the merits.
(f)  If the arbitration tribunal rules as a preliminary question that it has jurisdiction, a party waives objection to the ruling unless the party, not later than the 30th day after the date the party receives notice of that ruling, requests the district court of the county in which the place of arbitration is located to decide the matter.  The decision of the court is not subject to appeal.
(g)  While a request under Subsection (f) is pending before the court, the arbitration tribunal may continue the arbitration and make an award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter D. Arbitration Tribunal › Section 172.083. Interim Measures Ordered by Arbitration Tribunal

Sec. 172.083.  INTERIM MEASURES ORDERED BY ARBITRATION TRIBUNAL.  (a)  Except as agreed by the parties, the arbitration tribunal, at the request of a party, may order a party to take an interim measure of protection that the tribunal considers necessary concerning the subject matter of the dispute.
(b)  The arbitration tribunal may require a party to provide appropriate security in connection with the interim measure ordered.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.101. Equal Treatment of Parties

Sec. 172.101.  EQUAL TREATMENT OF PARTIES.  The arbitration tribunal shall:
(1)  treat each party with equality;  and
(2)  give each party a full opportunity to present the party's case.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-10 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.102. Substantive Rules

Sec. 172.102.  SUBSTANTIVE RULES.  (a)  The arbitration tribunal shall decide the dispute according to the rules of law designated by the parties as applicable to the substance of the dispute.
(b)  Unless otherwise expressed, a designation by the parties of the law or legal system of a given state refers to the substantive law of that state and not to conflict-of-laws rules.
(c)  If the parties do not make a designation under Subsection (a), the arbitration tribunal shall apply the law determined by the conflict-of-laws rules that the tribunal considers applicable.
(d)  The arbitration tribunal shall decide ex aequo et bono or as amiable compositeur if each party has expressly authorized it to do so.
(e)  In each case, the arbitration tribunal shall:
(1)  decide in accordance with the terms of the contract;  and
(2)  take into account the usages of the trade applicable to the transaction.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-11 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.103. Rules of Procedure

Sec. 172.103.  RULES OF PROCEDURE.  (a)  The parties may agree on the procedure to be followed by the arbitration tribunal in conducting the arbitration, subject to this chapter.
(b)  If the parties do not agree, the arbitration tribunal may conduct the arbitration in the manner it considers appropriate, subject to this chapter.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-12 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.104. Rules of Evidence

Sec. 172.104.  RULES OF EVIDENCE.  The power of the arbitration tribunal under Section 172.103(b) includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-13 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.105. Subpoena

Sec. 172.105.  SUBPOENA.  (a)  The arbitration tribunal may issue a subpoena as provided by Section 171.051.
(b)  Section 171.052 applies with respect to a subpoena issued under this section.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-14 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.106. Place of Arbitration

Sec. 172.106.  PLACE OF ARBITRATION.  (a)  The parties may agree on the place of arbitration.
(b)  If the parties do not agree, the arbitration tribunal shall determine the place of arbitration considering the circumstances of the case, including the convenience of the parties.
(c)  Except as agreed by each party, the arbitration tribunal may meet at any place it considers appropriate for:
(1)  consultation among its members;
(2)  hearing of witnesses, experts, or the parties;  or
(3)  inspection of documents, goods, or other property.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-15 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.107. Commencement of Arbitration

Sec. 172.107.  COMMENCEMENT OF ARBITRATION.  Except as agreed by the parties, the arbitration begins on the date a request for the dispute to be referred to arbitration is received by the respondent.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.108. Language

Sec. 172.108.  LANGUAGE.  (a)  The parties may agree on the language or languages to be used in the arbitration.
(b)  If the parties do not agree, the arbitration tribunal shall determine the language or languages to be used in the arbitration.
(c)  Except as provided by the agreement or determination, the agreement or determination applies to each:
(1)  written statement by a party;
(2)  hearing;  and
(3)  award, decision, or other communication by the arbitration tribunal.
(d)  The arbitration tribunal may order that documentary evidence be accompanied by a translation into the selected language or languages.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.109. Statement of Claim or Defense

Sec. 172.109.  STATEMENT OF CLAIM OR DEFENSE.  (a)  Within the period agreed on by the parties or determined by the arbitration tribunal:
(1)  the claimant shall state:
(A)  the facts supporting the claim;
(B)  the points at issue;  and
(C)  the relief or remedy sought;  and
(2)  the respondent shall state the defense.
(b)  A party may submit with the party's statement any document the party considers relevant or may add a reference to a document or other evidence the party will submit.
(c)  The parties may otherwise agree as to the required elements of the statements required by Subsection (a).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.110. Supplement or Amendment to Statement

Sec. 172.110.  SUPPLEMENT OR AMENDMENT TO STATEMENT.  A party may amend or supplement a claim or defense during the arbitration unless:
(1)  the parties have otherwise agreed;  or
(2)  the arbitration tribunal considers it inappropriate to allow the amendment or supplement considering the delay in making the amendment or supplement.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.111. Hearings

Sec. 172.111.  HEARINGS.  (a)  Except as agreed by the parties, the arbitration tribunal shall decide whether to:
(1)  hold oral hearings for the presentation of evidence or for oral argument;  or
(2)  conduct the arbitration on the basis of documents and other materials.
(b)  Unless the parties have agreed that oral hearings are not to be held, the arbitration tribunal shall, on request of a party, hold an oral hearing at an appropriate stage of the arbitration.
(c)  Each party shall be given sufficient advance notice of a hearing or meeting of the arbitration tribunal to permit inspection of documents, goods, or other property.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.112. Hearing or Meeting in Camera

Sec. 172.112.  HEARING OR MEETING IN CAMERA.  Except as agreed by the parties, the arbitration tribunal shall hold in camera:
(1)  an oral hearing;  or
(2)  a meeting in the arbitration.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.113. Written Information

Sec. 172.113.  WRITTEN INFORMATION.  (a)  A statement, document, or other information supplied to or an application made to the arbitration tribunal by a party shall be communicated to the other party.
(b)  An expert report or evidentiary document on which the arbitration tribunal may rely in making a decision shall be communicated to each party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.114. Default of Party

Sec. 172.114.  DEFAULT OF PARTY.  (a)  Except as agreed by the parties, the arbitration tribunal shall terminate the arbitration if the claimant without showing sufficient cause fails to communicate the statement of claim required under Section 172.109.
(b)  Except as agreed by the parties, if the respondent without showing sufficient cause fails to communicate the statement of defense as provided by Section 172.109, the arbitration tribunal shall continue the arbitration without treating that failure as an admission of the claimant's allegations.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.115. Award After Party Fails to Appear or Produce Evidence

Sec. 172.115.  AWARD AFTER PARTY FAILS TO APPEAR OR PRODUCE EVIDENCE.  Except as agreed by the parties, if a party without showing sufficient cause fails to appear at an oral hearing or to produce documentary evidence, the arbitration tribunal may continue the arbitration and make the arbitration award based on the evidence before it.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.116. Appointed Expert

Sec. 172.116.  APPOINTED EXPERT.  (a)  Except as agreed by the parties, the arbitration tribunal may:
(1)  appoint an expert to report to it on a specific issue to be determined by the tribunal;  and
(2)  require a party to:
(A)  give the expert relevant information;  or
(B)  produce or provide access to relevant documents, goods, or other property.
(b)  Except as agreed by the parties, if a party requests or if the arbitration tribunal considers it necessary, the expert shall, after delivery of a written or oral report, participate in an oral hearing at which each party may:
(1)  question the expert;  and
(2)  present an expert witness on the issue.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.