Texas Civil Practice And Remedies Code Title 7, Chapter 171 - General Arbitration

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B PROCEEDINGS TO COMPEL OR STAY ARBITRATIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C ARBITRATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D COURT PROCEEDINGS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016