(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 or the business court, as applicable;
(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 or the business court, as applicable;
(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.
