2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION
CHAPTER 171. GENERAL ARBITRATION  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION

CHAPTER 171. GENERAL ARBITRATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 171.001. ARBITRATION AGREEMENTS VALID. (a) A written

agreement to arbitrate is valid and enforceable if the agreement

is to arbitrate a controversy that:

(1) exists at the time of the agreement; or

(2) arises between the parties after the date of the agreement.

(b) A party may revoke the agreement only on a ground that

exists at law or in equity for the revocation of a contract.

Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1,

1966. Amended by Acts 1979, 66th Leg., p. 1708, ch. 704, Sec. 1,

eff. Aug. 27, 1979. Redesignated from Vernon's Ann.Civ.Stat. art.

224 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff.

Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec.

5.01, eff. Sept. 1, 1997.

Sec. 171.002. SCOPE OF CHAPTER. (a) This chapter does not

apply to:

(1) a collective bargaining agreement between an employer and a

labor union;

(2) an agreement for the acquisition by one or more individuals

of property, services, money, or credit in which the total

consideration to be furnished by the individual is not more than

$50,000, except as provided by Subsection (b);

(3) a claim for personal injury, except as provided by

Subsection (c);

(4) a claim for workers' compensation benefits; or

(5) an agreement made before January 1, 1966.

(b) An agreement described by Subsection (a)(2) is subject to

this chapter if:

(1) the parties to the agreement agree in writing to arbitrate;

and

(2) the agreement is signed by each party and each party's

attorney.

(c) A claim described by Subsection (a)(3) is subject to this

chapter if:

(1) each party to the claim, on the advice of counsel, agrees in

writing to arbitrate; and

(2) the agreement is signed by each party and each party's

attorney.

Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1,

1966. Redesignated from Vernon's Ann.Civ.Stat. art. 225 and

amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff.

Sept. 1, 1997.

Sec. 171.003. UNIFORM INTERPRETATION. This chapter shall be

construed to effect its purpose and make uniform the construction

of other states' law applicable to an arbitration.

Acts 1965, 59th Leg., p. 1593, ch. 689, Sec. 1, eff. Jan. 1,

1966. Redesignated from Vernon's Ann.Civ.Stat. art. 226 and

amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff.

Sept. 1, 1997.

SUBCHAPTER B. PROCEEDINGS TO COMPEL OR STAY ARBITRATIONS

Sec. 171.021. PROCEEDING TO COMPEL ARBITRATION. (a) A court

shall order the parties to arbitrate on application of a party

showing:

(1) an agreement to arbitrate; and

(2) the opposing party's refusal to arbitrate.

(b) If a party opposing an application made under Subsection (a)

denies the existence of the agreement, the court shall summarily

determine that issue. The court shall order the arbitration if it

finds for the party that made the application. If the court does

not find for that party, the court shall deny the application.

(c) An order compelling arbitration must include a stay of any

proceeding subject to Section 171.025.

Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.

Amended by Acts 1985, 69th Leg., ch. 338, Sec. 1, eff. Aug. 26,

1985. Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 1

to 2A and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff.

Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec.

5.01, eff. Sept. 1, 1997.

Sec. 171.022. UNCONSCIONABLE AGREEMENTS UNENFORCEABLE. A court

may not enforce an agreement to arbitrate if the court finds the

agreement was unconscionable at the time the agreement was made.

Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.

Amended by Acts 1985, 69th Leg., ch. 338, Sec. 2, eff. Aug. 26,

1985. Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 3

and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept.

1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01,

eff. Sept. 1, 1997.

Sec. 171.023. PROCEEDING TO STAY ARBITRATION. (a) A court may

stay an arbitration commenced or threatened on application and a

showing that there is not an agreement to arbitrate.

(b) If there is a substantial bona fide dispute as to whether an

agreement to arbitrate exists, the court shall try the issue

promptly and summarily.

(c) The court shall stay the arbitration if the court finds for

the party moving for the stay. If the court finds for the party

opposing the stay, the court shall order the parties to

arbitrate.

Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983.

Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 4 and

amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff.

Sept. 1, 1997.

Sec. 171.024. PLACE FOR MAKING APPLICATION. (a) If there is a

proceeding pending in a court involving an issue referable to

arbitration under an alleged agreement to arbitrate, a party may

make an application under this subchapter only in that court.

(b) If Subsection (a) does not apply, a party may make an

application in any court, subject to Section 171.096.

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

1997.

Sec. 171.025. STAY OF RELATED PROCEEDING. (a) The court shall

stay a proceeding that involves an issue subject to arbitration

if an order for arbitration or an application for that order is

made under this subchapter.

(b) The stay applies only to the issue subject to arbitration if

that issue is severable from the remainder of the proceeding.

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

1997.

Sec. 171.026. VALIDITY OF UNDERLYING CLAIM. A court may not

refuse to order arbitration because:

(1) the claim lacks merit or bona fides; or

(2) the fault or ground for the claim is not shown.

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

1997.

SUBCHAPTER C. ARBITRATION

Sec. 171.041. APPOINTMENT OF ARBITRATORS. (a) The method of

appointment of arbitrators is as specified in the agreement to

arbitrate.

(b) The court, on application of a party stating the nature of

the issues to be arbitrated and the qualifications of the

proposed arbitrators, shall appoint one or more qualified

arbitrators if:

(1) the agreement to arbitrate does not specify a method of

appointment;

(2) the agreed method fails or cannot be followed; or

(3) an appointed arbitrator fails or is unable to act and a

successor has not been appointed.

(c) An arbitrator appointed under Subsection (b) has the powers

of an arbitrator named in the agreement to arbitrate.

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

1997.

Sec. 171.042. MAJORITY ACTION BY ARBITRATORS. The powers of the

arbitrators are exercised by a majority unless otherwise provided

by the agreement to arbitrate or this chapter.

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

1997.

Sec. 171.043. HEARING CONDUCTED BY ARBITRATORS. (a) Unless

otherwise provided by the agreement to arbitrate, all the

arbitrators shall conduct the hearing. A majority of the

arbitrators may determine a question and render a final award.

(b) If, during the course of the hearing, an arbitrator ceases

to act, one or more remaining arbitrators appointed to act as

neutral arbitrators may hear and determine the controversy.

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

1997.

Sec. 171.044. TIME AND PLACE OF HEARING; NOTICE. (a) Unless

otherwise provided by the agreement to arbitrate, the arbitrators

shall set a time and place for the hearing and notify each party.

(b) The notice must be served not later than the fifth day

before the hearing either personally or by registered or

certified mail with return receipt requested. Appearance at the

hearing waives the notice.

(c) The court on application may direct the arbitrators to

proceed promptly with the hearing and determination of the

controversy.

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

1997.

Sec. 171.045. ADJOURNMENT OR POSTPONEMENT. Unless otherwise

provided by the agreement to arbitrate, the arbitrators may:

(1) adjourn the hearing as necessary; and

(2) on request of a party and for good cause, or on their own

motion, postpone the hearing to a time not later than:

(A) the date set by the agreement for making the award; or

(B) a later date agreed to by the parties.

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

1997.

Sec. 171.046. FAILURE OF PARTY TO APPEAR. Unless otherwise

provided by the agreement to arbitrate, the arbitrators may hear

and determine the controversy on the evidence produced without

regard to whether a party who has been notified as provided by

Section 171.044 fails to appear.

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

1997.

Sec. 171.047. RIGHTS OF PARTY AT HEARING. Unless otherwise

provided by the agreement to arbitrate, a party at the hearing is

entitled to:

(1) be heard;

(2) present evidence material to the controversy; and

(3) cross-examine any witness.

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

1997.

Sec. 171.048. REPRESENTATION BY ATTORNEY; FEES. (a) A party is

entitled to representation by an attorney at a proceeding under

this chapter.

(b) A waiver of the right described by Subsection (a) before the

proceeding is ineffective.

(c) The arbitrators shall award attorney's fees as additional

sums required to be paid under the award only if the fees are

provided for:

(1) in the agreement to arbitrate; or

(2) by law for a recovery in a civil action in the district

court on a cause of action on which any part of the award is

based.

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

1997.

Sec. 171.049. OATH. The arbitrators, or an arbitrator at the

direction of the arbitrators, may administer to each witness

testifying before them the oath required of a witness in a civil

action pending in a district court.

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

1997.

Sec. 171.050. DEPOSITIONS. (a) The arbitrators may authorize a

deposition:

(1) for use as evidence to be taken of a witness who cannot be

required by subpoena to appear before the arbitrators or who is

unable to attend the hearing; or

(2) for discovery or evidentiary purposes to be taken of an

adverse witness.

(b) A deposition under this section shall be taken in the manner

provided by law for a deposition in a civil action pending in a

district court.

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

1997.

Sec. 171.051. SUBPOENAS. (a) The arbitrators, or an arbitrator

at the direction of the arbitrators, may issue a subpoena for:

(1) attendance of a witness; or

(2) production of books, records, documents, or other evidence.

(b) A witness required to appear by subpoena under this section

may appear at the hearing before the arbitrators or at a

deposition.

(c) A subpoena issued under this section shall be served in the

manner provided by law for the service of a subpoena issued in a

civil action pending in a district court.

(d) Each provision of law requiring a witness to appear, produce

evidence, and testify under a subpoena issued in a civil action

pending in a district court applies to a subpoena issued under

this section.

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

1997.

Sec. 171.052. WITNESS FEE. The fee for a witness attending a

hearing or a deposition under this subchapter is the same as the

fee for a witness in a civil action in a district court.

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

1997.

Sec. 171.053. ARBITRATORS' AWARD. (a) The arbitrators' award

must be in writing and signed by each arbitrator joining in the

award.

(b) The arbitrators shall deliver a copy of the award to each

party personally, by registered or certified mail, or as provided

in the agreement.

(c) The arbitrators shall make the award:

(1) within the time established by the agreement to arbitrate;

or

(2) if a time is not established by the agreement, within the

time ordered by the court on application of a party.

(d) The parties may extend the time for making the award either

before or after the time expires. The extension must be in

writing.

(e) A party waives the objection that an award was not made

within the time required unless the party notifies the

arbitrators of the objection before the delivery of the award to

that party.

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

1997.

Sec. 171.054. MODIFICATION OR CORRECTION TO AWARD. (a) The

arbitrators may modify or correct an award:

(1) on the grounds stated in Section 171.091; or

(2) to clarify the award.

(b) A modification or correction under Subsection (a) may be

made only:

(1) on application of a party; or

(2) on submission to the arbitrators by a court, if an

application to the court is pending under Sections 171.087,

171.088, 171.089, and 171.091, subject to any condition ordered

by the court.

(c) A party may make an application under this section not later

than the 20th day after the date the award is delivered to the

applicant.

(d) An applicant shall give written notice of the application

promptly to the opposing party. The notice must state that the

opposing party must serve any objection to the application not

later than the 10th day after the date of notice.

(e) An award modified or corrected under this section is subject

to Sections 171.087, 171.088, 171.089, 171.090, and 171.091.

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

1997.

Sec. 171.055. ARBITRATOR'S FEES AND EXPENSES. Unless otherwise

provided in the agreement to arbitrate, the arbitrators' expenses

and fees, with other expenses incurred in conducting the

arbitration, shall be paid as provided in the award.

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

1997.

SUBCHAPTER D. COURT PROCEEDINGS

Sec. 171.081. JURISDICTION. The making of an agreement

described by Section 171.001 that provides for or authorizes an

arbitration in this state and to which that section applies

confers jurisdiction on the court to enforce the agreement and to

render judgment on an award under this chapter.

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

1997.

Sec. 171.082. APPLICATION TO COURT; FEES. (a) The filing with

the clerk of the court of an application for an order under this

chapter, including a judgment or decree, invokes the jurisdiction

of the court.

(b) On the filing of the initial application and the payment to

the clerk of the fees of court required to be paid on the filing

of a civil action in the court, the clerk shall docket the

proceeding as a civil action pending in that court.

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

1997.

Sec. 171.083. TIME FOR FILING. An applicant for a court order

under this chapter may file the application:

(1) before arbitration proceedings begin in support of those

proceedings;

(2) during the period the arbitration is pending before the

arbitrators; or

(3) subject to this chapter, at or after the conclusion of the

arbitration.

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

1997.

Sec. 171.084. STAY OF CERTAIN PROCEEDINGS. (a) After an

initial application is filed, the court may stay:

(1) a proceeding under a later filed application in another

court to:

(A) invoke the jurisdiction of that court; or

(B) obtain an order under this chapter; or

(2) a proceeding instituted after the initial application has

been filed.

(b) A stay under this section affects only an issue subject to

arbitration under an agreement in accordance with the terms of

the initial application.

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

1997.

Sec. 171.085. CONTENTS OF APPLICATION. (a) A court may require

that an application filed under this chapter:

(1) show the jurisdiction of the court;

(2) have attached a copy of the agreement to arbitrate;

(3) define the issue subject to arbitration between the parties

under the agreement;

(4) specify the status of the arbitration before the

arbitrators; and

(5) show the need for the court order sought by the applicant.

(b) A court may not find an application inadequate because of

the absence of a requirement listed in Subsection (a) unless the

court, in its discretion:

(1) requires that the applicant amend the application to meet

the requirements of the court; and

(2) grants the applicant a 10-day period to comply.

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

1997.

Sec. 171.086. ORDERS THAT MAY BE RENDERED. (a) Before

arbitration proceedings begin, in support of arbitration a party

may file an application for a court order, including an order to:

(1) invoke the jurisdiction of the court over the adverse party

and to effect that jurisdiction by service of process on the

party before arbitration proceedings begin;

(2) invoke the jurisdiction of the court over an ancillary

proceeding in rem, including by attachment, garnishment, or

sequestration, in the manner and subject to the conditions under

which the proceeding may be instituted and conducted ancillary to

a civil action in a district court;

(3) restrain or enjoin:

(A) the destruction of all or an essential part of the subject

matter of the controversy; or

(B) the destruction or alteration of books, records, documents,

or other evidence needed for the arbitration;

(4) obtain from the court in its discretion an order for a

deposition for discovery, perpetuation of testimony, or evidence

needed before the arbitration proceedings begin;

(5) appoint one or more arbitrators so that an arbitration under

the agreement to arbitrate may proceed; or

(6) obtain other relief, which the court can grant in its

discretion, needed to permit the arbitration to be conducted in

an orderly manner and to prevent improper interference or delay

of the arbitration.

(b) During the period an arbitration is pending before the

arbitrators or at or after the conclusion of the arbitration, a

party may file an application for a court order, including an

order:

(1) that was referred to or that would serve a purpose referred

to in Subsection (a);

(2) to require compliance by an adverse party or any witness

with an order made under this chapter by the arbitrators during

the arbitration;

(3) to require the issuance and service under court order,

rather than under the arbitrators' order, of a subpoena, notice,

or other court process:

(A) in support of the arbitration; or

(B) in an ancillary proceeding in rem, including by attachment,

garnishment, or sequestration, in the manner of and subject to

the conditions under which the proceeding may be conducted

ancillary to a civil action in a district court;

(4) to require security for the satisfaction of a court judgment

that may be later entered under an award;

(5) to support the enforcement of a court order entered under

this chapter; or

(6) to obtain relief under Section 171.087, 171.088, 171.089, or

171.091.

(c) A court may not require an applicant for an order under

Subsection (a)(1) to show that the adverse party is about to, or

may, leave the state if jurisdiction over that party is not

effected by service of process before the arbitration proceedings

begin.

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

1997.

Sec. 171.087. CONFIRMATION OF AWARD. Unless grounds are offered

for vacating, modifying, or correcting an award under Section

171.088 or 171.091, the court, on application of a party, shall

confirm the award.

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

1997.

Sec. 171.088. VACATING AWARD. (a) On application of a party,

the court shall vacate an award if:

(1) the award was obtained by corruption, fraud, or other undue

means;

(2) the rights of a party were prejudiced by:

(A) evident partiality by an arbitrator appointed as a neutral

arbitrator;

(B) corruption in an arbitrator; or

(C) misconduct or wilful misbehavior of an arbitrator;

(3) the arbitrators:

(A) exceeded their powers;

(B) refused to postpone the hearing after a showing of

sufficient cause for the postponement;

(C) refused to hear evidence material to the controversy; or

(D) conducted the hearing, contrary to Section 171.043, 171.044,

171.045, 171.046, or 171.047, in a manner that substantially

prejudiced the rights of a party; or

(4) there was no agreement to arbitrate, the issue was not

adversely determined in a proceeding under Subchapter B, and the

party did not participate in the arbitration hearing without

raising the objection.

(b) A party must make an application under this section not

later than the 90th day after the date of delivery of a copy of

the award to the applicant. A party must make an application

under Subsection (a)(1) not later than the 90th day after the

date the grounds for the application are known or should have

been known.

(c) If the application to vacate is denied and a motion to

modify or correct the award is not pending, the court shall

confirm the award.

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

1997.

Sec. 171.089. REHEARING AFTER AWARD VACATED. (a) On vacating

an award on grounds other than the grounds stated in Section

171.088(a)(4), the court may order a rehearing before new

arbitrators chosen:

(1) as provided in the agreement to arbitrate; or

(2) by the court under Section 171.041, if the agreement does

not provide the manner for choosing the arbitrators.

(b) If the award is vacated under Section 171.088(a)(3), the

court may order a rehearing before the arbitrators who made the

award or their successors appointed under Section 171.041.

(c) The period within which the agreement to arbitrate requires

the award to be made applies to a rehearing under this section

and commences from the date of the order.

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

1997.

Sec. 171.090. TYPE OF RELIEF NOT FACTOR. The fact that the

relief granted by the arbitrators could not or would not be

granted by a court of law or equity is not a ground for vacating

or refusing to confirm the award.

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

1997.

Sec. 171.091. MODIFYING OR CORRECTING AWARD. (a) On

application, the court shall modify or correct an award if:

(1) the award contains:

(A) an evident miscalculation of numbers; or

(B) an evident mistake in the description of a person, thing, or

property referred to in the award;

(2) the arbitrators have made an award with respect to a matter

not submitted to them and the award may be corrected without

affecting the merits of the decision made with respect to the

issues that were submitted; or

(3) the form of the award is imperfect in a manner not affecting

the merits of the controversy.

(b) A party must make an application under this section not

later than the 90th day after the date of delivery of a copy of

the award to the applicant.

(c) If the application is granted, the court shall modify or

correct the award to effect its intent and shall confirm the

award as modified or corrected. If the application is not

granted, the court shall confirm the award.

(d) An application to modify or correct an award may be joined

in the alternative with an application to vacate the award.

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

1997.

Sec. 171.092. JUDGMENT ON AWARD. (a) On granting an order that

confirms, modifies, or corrects an award, the court shall enter a

judgment or decree conforming to the order. The judgment or

decree may be enforced in the same manner as any other judgment

or decree.

(b) The court may award:

(1) costs of the application and of the proceedings subsequent

to the application; and

(2) disbursements.

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

1997.

Sec. 171.093. HEARING; NOTICE. The court shall hear each

initial and subsequent application under this subchapter in the

manner and with the notice required by law or court rule for

making and hearing a motion filed in a pending civil action in a

district court.

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

1997.

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.

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.

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.

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.

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.