Texas Civil Practice And Remedies Code Title 7, Chapter 172 - Arbitration And Conciliation Of International Commercial Disputes

SUBCHAPTER A GENERAL PROVISIONS

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

SUBCHAPTER B ARBITRATION AGREEMENTS

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

SUBCHAPTER C ARBITRATORS

• Texas Section 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.,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D ARBITRATION TRIBUNAL

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

SUBCHAPTER E ARBITRATION PROCEEDINGS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 172.117 - Settlement
  (a) An arbitration tribunal may: (1) encourage settlement of the dispute; and (2) with the agreement of the parties, use mediation, conciliation, or another procedure...

SUBCHAPTER F ARBITRATION AWARD

• Texas Section 172.118 - Termination Of Proceedings
  (a) An arbitration is terminated by the final arbitration award or by an order of the arbitration tribunal under Subsection (b). The award is final...
• Texas Section 172.141 - Form And Content Of Arbitration Award
  (a) An arbitration award must be in writing and signed by all the members of the arbitration tribunal. In an arbitration with more than one...
• Texas Section 172.142 - Delivery Of Award
  After the arbitration award is made, a signed copy shall be delivered to each party. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02,...
• Texas Section 172.143 - Interim Award
  (a) The arbitration tribunal may, at any time during the arbitration, make an interim arbitration award on a matter with respect to which it may...
• Texas Section 172.144 - Interest
  Except as agreed by the parties, the arbitration tribunal may award interest. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1,
• Texas Section 172.145 - Costs
  (a) Except as agreed by the parties, an award of costs of an arbitration is at the discretion of the arbitration tribunal. (b) In making...
• Texas Section 172.146 - Award On Agreed Terms
  (a) The arbitration tribunal shall make an award on agreed terms as provided by Section 172.117. An award on agreed terms must state that it...
• Texas Section 172.147 - Correction And Interpretation Of Awards
  (a) Not later than the 30th day after the date of receipt of the arbitration award, unless another period has been agreed to by the...
• Texas Section 172.148 - Additional Award
  (a) Except as agreed by the parties, a party may request, not later than the 30th day after the date of receipt of the arbitration...
• Texas Section 172.149 - Extension Of Time
  The arbitration tribunal may, if necessary, extend the period within which it may make a correction, give an interpretation, or make an additional award under...

SUBCHAPTER G JUDICIAL PROCEEDINGS

• Texas Section 172.150 - Applicable Law
  Sections 172.141, 172.142, 172.144, and 172.145 apply to: (1) a correction or interpretation of an arbitration award under Section 172.147; or (2) an additional award...
• Texas Section 172.171 - Role Of Court
  A court may not intervene in a matter governed by this chapter except as provided by this chapter or federal law. Added by Acts 1997,...
• Texas Section 172.172 - Assistance In Taking Evidence
  The arbitration tribunal or a party with the approval of the tribunal may request assistance from a district court in taking evidence, and the court...
• Texas Section 172.173 - Consolidation
  (a) If the parties to two or more arbitration agreements agree, in the respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of...
• Texas Section 172.174 - Stay Of Court Proceedings
  (a) On request of a party, a court in which a pending judicial proceeding is being brought by a party to an arbitration agreement to...

SUBCHAPTER H PROVISIONS RELATING ONLY TO CONCILIATION

• Texas Section 172.175 - Interim Orders
  (a) A party to an arbitration agreement may request an interim measure of protection from a district court before or during an arbitration. (b) A...
• Texas Section 172.201 - Policy
  It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation under this...
• Texas Section 172.202 - Appointment Of Conciliator
  The parties to an agreement or transaction may select or permit an arbitration tribunal or other third party to select one or more persons to...
• Texas Section 172.203 - Conduct Of Conciliation
  (a) A conciliator: (1) shall be guided by principles of objectivity, fairness, and justice; and (2) shall consider, among other things: (A) the rights and...
• Texas Section 172.204 - Representation And Assistance
  In a conciliation proceeding, each party may appear in person or be represented or assisted by a person of the party's choice. Added by Acts...
• Texas Section 172.205 - Draft Conciliation Settlement
  (a) At any time during the conciliation, the conciliator may prepare a draft conciliation settlement and send a copy to each party, stating the time...
• Texas Section 172.206 - Confidentiality
  (a) Evidence of anything said or of an admission made in the course of a conciliation is not admissible in evidence, and disclosure of that...
• Texas Section 172.207 - Stay Of Arbitration And Resort To Other Proceedings
  (a) The agreement of the parties to submit a dispute to conciliation is an agreement of the parties to stay a judicial proceeding or arbitration...
• Texas Section 172.208 - Termination Of Conciliation
  (a) A conciliation proceeding may be terminated as to each party by: (1) a written declaration of each conciliator, after consultation with the parties, that...
• Texas Section 172.209 - Conflict Of Interest
  Except as provided by rules adopted for the conciliation or arbitration, a person who has served as conciliator may not be appointed as an arbitrator...
• Texas Section 172.210 - Participation Not Waiver Of Rights
  (a) A party by submitting to conciliation does not waive a right or remedy that party would have had if conciliation had not been initiated....
• Texas Section 172.211 - Enforceability
  A conciliation agreement has the same force and effect as a final arbitration award if the agreement: (1) settles the dispute; (2) is in writing;...
• Texas Section 172.212 - Costs
  (a) On termination of the conciliation proceedings, the conciliator shall set the costs of the conciliation and give written notice of the costs to each...
• Texas Section 172.213 - No Consent To Jurisdiction
  A request for conciliation, a consent to participate or participation in the conciliation, or the entering into a conciliation agreement or settlement is not consent...
• Texas Section 172.214 - Not Subject To Service Of Process
  A conciliator, party, or representative of a conciliator or party, while present in this state to arrange for or participate in conciliation under this chapter,...
• Texas Section 172.215 - Conciliator Immune
  A conciliator is not liable in an action for damages resulting from an act or omission in the performance of the person's role as a...

Last modified: September 28, 2016