2021 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.
