Law:Title 7. Alternate Methods Of Dispute Resolution from Chapter 171. General Arbitration (Texas)

From Law Delta

Revision as of 20:59, 28 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search


Contents

Chapter 171. General Arbitration

Subchapter A. General Provisions

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 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.



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 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.



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 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.



Subchapter B. Proceedings To Compel Or Stay Arbitrations

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 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.



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 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.



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 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.



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 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.



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 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.



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 claim is not shown.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



Subchapter C. Arbitration

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 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.



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, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



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 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.



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)  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.



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 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.



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 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.



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 controversy; and

(3)  cross-examine any witness.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



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 (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.



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 in a civil action pending in a district court.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



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 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.



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 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.



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 civil action in a district court.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



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 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.



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 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.



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 provided in the award.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



Subchapter D. Court Proceedings

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 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.



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 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.



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 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.



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 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.



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 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.



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 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.



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 the award.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.



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;

(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.



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:

(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.



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 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.



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 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.



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 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.



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 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.



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 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.



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 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.



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 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.



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 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.



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 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.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox