ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES

Tex. CIV. PRAC. & REM Code ch. 172

in effect

Tex. CIV. PRAC. & REM Code § 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 or states. (b) This chapter, except Sections 172.174 and 172.175 , applies only to arbitration or conciliation in this state. (c) Except as provided by Subsection (d), this chapter does not affect another state law under which a dispute: (1) may not be submitted to arbitration; or (2) may be submitted to arbitration only in accordance with law other than this chapter. (d) Except as provided by this subsection, this chapter supersedes Subchapters B and C, Chapter 171 , with respect to international commercial arbitration and conciliation. This chapter does not supersede Subchapter A or D of that chapter or Section 171.022 . (e) This chapter does not confer on the business court any new or additional jurisdiction. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-1 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.

Tex. CIV. PRAC. & REM Code § 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 an agreement to arbitrate a dispute that has arisen or may arise between the parties concerning a defined legal relationship, without regard to whether the legal relationship is contractual. The term includes an arbitration clause in a contract or a separate agreement. (3) "Arbitration award" means a decision of an arbitration tribunal on the substance of a dispute submitted to it and includes an interim, interlocutory, or partial award. (4) "Arbitration tribunal" means a sole arbitrator or a panel of arbitrators. (5) "Claim" includes a counterclaim. (6) "Conciliation" includes any conciliation without regard to whether it is administered by a permanent conciliation institution. (7) "Defense" includes a defense to a counterclaim. (8) "Party" means a party to an arbitration or conciliation agreement. (b) The meanings assigned by this section to "claim" and "defense" do not apply in Sections 172.114 (a) and 172.118 (b)(1). Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-2 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.

Tex. CIV. PRAC. & REM Code § 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 when the agreement is concluded; (2) any of the following places is located outside any state in which a party has a place of business: (A) the place of arbitration or conciliation determined under the arbitration or conciliation agreement; (B) a place where a substantial part of the obligations of the commercial relationship is to be performed; or (C) the place with which the subject matter of the dispute is most closely connected; (3) each party has expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one state; or (4) the arbitration or conciliation agreement arises out of a legal relationship that has another reasonable relation with more than one state. (b) Subsection (a)(4) applies without regard to whether the legal relationship is contractual. (c) For purposes of this section, the place of business of a party who has more than one place of business is the place that has the closest relationship to the arbitration or conciliation agreement. If a party does not have a place of business, the party's place of business is the party's habitual residence. (d) For purposes of this section, the states of the United States and the District of Columbia are one state. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-3 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 or exchange of goods or services; (2) a distribution agreement; (3) a commercial representation or agency; (4) an exploitation agreement or concession; (5) a joint venture or other related form of industrial or business cooperation; (6) the carriage of goods or passengers by air, sea, rail, or road; (7) a relationship involving: (A) construction; (B) insurance; (C) licensing; (D) factoring; (E) leasing; (F) consulting; (G) engineering; (H) financing; (I) banking; (J) professional services; or (K) intellectual or industrial property, including trademarks, patents, copyrights, and software programs; or (8) the transfer of data or technology. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-4 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 (2) at the addressee's place of business, habitual residence, or mailing address. (b) If a place described by Subsection (a) cannot be found after a reasonable inquiry, a written communication is received if it is sent to the addressee's last known place of business, habitual residence, or mailing address by registered mail or other means that provides a record of the attempt to deliver it. (c) This section does not apply to a written communication relating to a court proceeding. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-5 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.

Tex. CIV. PRAC. & REM Code § 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 the right to object to the noncompliance unless the party states the objection: (1) without undue delay; or (2) if a period is provided for stating that objection, within that period. (b) Subsection (a) applies only to a provision of this chapter as to which the parties may agree to act in a different manner. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-6 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.

Tex. CIV. PRAC. & REM Code § 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 under Section 172.102 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER B. ARBITRATION AGREEMENTS

Tex. CIV. PRAC. & REM Code § 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 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. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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; (2) an exchange of letters, telexes, telegrams, or other means of telecommunication that provide a record of the agreement; or (3) an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. (b) A contract reference to a document containing an arbitration clause is an arbitration agreement if the contract is in writing and the reference is sufficient to make that clause part of the contract. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER C. ARBITRATORS

Tex. CIV. PRAC. & REM Code § 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, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-7 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.

Tex. CIV. PRAC. & REM Code § 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 Vernon's Ann.Civ.St. art. 249-8 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.

Tex. CIV. PRAC. & REM Code § 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 an agreement is not made under Subsection (a), in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-9 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.

Tex. CIV. PRAC. & REM Code § 172.054. APPOINTMENT BY COURT.

(a) On request of a party, the district court or division of the business court of the county in which the place of arbitration is located shall appoint each arbitrator if: (1) an agreement is not made under Section 172.053 (a) in an arbitration with a sole arbitrator and the parties fail to agree on the arbitrator; or (2) the appointment procedure in Section 172.053 (b) applies and: (A) a party fails to appoint an arbitrator not later than the 30th day after the date of receipt of a request to do so from the other party; or (B) the two appointed arbitrators fail to agree on the third arbitrator not later than the 30th day after the date of their appointment. (b) On request of a party, the district court or division of the business court of the county in which the place of arbitration is located may take necessary measures if under an appointment procedure agreed to by each party: (1) a party fails to act as required under that procedure; (2) the parties or two appointed arbitrators fail to reach an agreement expected of them under that procedure; or (3) a third party, including an institution, fails to perform a function assigned to the party under that procedure. (c) Subsection (b) does not apply if the agreement on the appointment procedure provides other means for securing the appointment. (d) A decision of the court under this section is final and not subject to appeal. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 172.055. FACTORS CONSIDERED.

In appointing an arbitrator, the court shall consider: (1) each qualification required of the arbitrator by the arbitration agreement; (2) any consideration making more likely the appointment of an independent and impartial arbitrator; and (3) in the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than that of any party. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 or conciliator or who is appointed or designated shall, not later than the 21st day after the date of the contact, appointment, or designation, disclose to each party any information that might cause the person's impartiality or independence to be questioned, including information that: (1) the person: (A) has a personal bias or prejudice concerning a party; (B) has personal knowledge of a disputed evidentiary fact concerning the proceeding; (C) served as an attorney in the matter in controversy; (D) is or has been associated with another who has participated in the matter during the association; (E) has been a material witness concerning the matter; (F) served as an arbitrator or conciliator in another proceeding involving a party to the proceeding; or (G) has a close personal or professional relationship with a person who: (i) is or has been a party to the proceeding or an officer, director, or trustee of a party; (ii) is acting or has acted as an attorney or representative in the proceeding; (iii) is or expects to be nominated as an arbitrator or conciliator in the proceeding; (iv) is known to have an interest that could be substantially affected by the outcome of the proceeding; or (v) is likely to be a material witness in the proceeding; (2) the person, individually or as a fiduciary, or the person's spouse or minor child residing in the person's household has: (A) a financial interest in: (i) the subject matter in controversy; or (ii) a party to the proceeding; or (B) any other interest that could be substantially affected by the outcome of the proceeding; or (3) the person, the person's spouse, a person within the third degree of relationship to either of them, or the spouse of that person: (A) is or has been a party to the proceeding or an officer, director, or trustee of a party; (B) is acting or has acted as an attorney in the proceeding; (C) is known to have an interest that could be substantially affected by the outcome of the proceeding; or (D) is likely to be a material witness in the proceeding. (b) Except as provided by this subsection, the parties may agree to waive the disclosure under Subsection (a). A party may not waive the disclosure for a person serving as: (1) the sole arbitrator or conciliator; or (2) the chief or prevailing arbitrator or conciliator. (c) After appointment and throughout the arbitration or conciliation, an arbitrator or conciliator shall promptly disclose to each party any circumstance described by Subsection (a) that was not previously disclosed. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 give rise to justifiable doubts as to the arbitrator's impartiality, independence, or possession of a qualification on which the parties have agreed. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 of after the appointment is made. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 an agreement under Subsection (a), a party challenging an arbitrator shall send a written statement of the reason for the challenge to the arbitration tribunal. The party shall send the statement not later than the 15th day after the later date the party becomes aware of: (1) the constitution of the tribunal; or (2) a circumstance referred to in Section 172.057 or 172.058 . (c) Unless the arbitrator challenged under Subsection (b) withdraws from office or the other party agrees to the challenge, the arbitration tribunal shall decide the challenge. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 receives notice of the decision rejecting the challenge, may request the district court or the division of the business court of the county in which the place of arbitration is located to decide the challenge. (b) The court shall sustain the challenge if the facts support a finding that grounds under Section 172.057 fairly exist. (c) The decision of the court is final and not subject to appeal. (d) While a request under Subsection (a) is pending, the arbitration tribunal, including the challenged arbitrator, may continue the arbitration and make an award. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 without undue delay; and (2) withdraws from office or each party agrees to the termination. (b) If there is a controversy concerning the termination of the arbitrator's mandate under Subsection (a), a party may request the district court or the division of the business court of the county in which the place of arbitration is located to decide the termination. The decision of the court is not subject to appeal. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 172.061 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 the arbitrator being replaced. (b) Except as agreed by the parties: (1) if the sole or presiding arbitrator is replaced, a hearing previously held shall be repeated; and (2) if an arbitrator other than the sole or presiding arbitrator is replaced, a hearing previously held may be repeated at the discretion of the arbitration tribunal. (c) Except as agreed by the parties, an order or ruling of the arbitration tribunal made before the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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) or Section 172.061 does not imply acceptance of the validity of a ground referred to in Section 172.057 , 172.058 , or 172.061 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER D. ARBITRATION TRIBUNAL

Tex. CIV. PRAC. & REM Code § 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 arbitration tribunal must be made by a majority of its members. (b) If authorized by the parties or all the members of the arbitration tribunal, a presiding arbitrator may decide a procedural question. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 that purpose, an arbitration clause that is part of a contract is an agreement independent of the other terms of the contract. A decision by the tribunal that the contract is void does not make the arbitration clause invalid. (b) A party may not plead that the arbitration tribunal does not have jurisdiction after the submission of the statement of defense. A party is not precluded from pleading because the party has appointed or participated in the appointment of an arbitrator. (c) A party may plead that the arbitration tribunal is exceeding the scope of its authority only when the matter alleged to be beyond the scope of its authority is raised during the arbitration. (d) The arbitration tribunal may allow a plea after the period described by Subsection (b) or (c) if the tribunal considers the delay justified. (e) The arbitration tribunal may rule on a plea described by Subsection (b), (c), or (d) as a preliminary question or in an award on the merits. (f) If the arbitration tribunal rules as a preliminary question that it has jurisdiction, a party waives objection to the ruling unless the party, not later than the 30th day after the date the party receives notice of that ruling, requests the district court or division of the business court of the county in which the place of arbitration is located to decide the matter. The decision of the court is not subject to appeal. (g) While a request under Subsection (f) is pending before the court, the arbitration tribunal may continue the arbitration and make an award. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 of protection that the tribunal considers necessary concerning the subject matter of the dispute. (b) The arbitration tribunal may require a party to provide appropriate security in connection with the interim measure ordered. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER E. ARBITRATION PROCEEDINGS

Tex. CIV. PRAC. & REM Code § 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 Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-10 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.

Tex. CIV. PRAC. & REM Code § 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.

Tex. CIV. PRAC. & REM Code § 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 the parties do not agree, the arbitration tribunal may conduct the arbitration in the manner it considers appropriate, subject to this chapter. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-12 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.

Tex. CIV. PRAC. & REM Code § 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 Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-13 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.

Tex. CIV. PRAC. & REM Code § 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 section. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-14 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.

Tex. CIV. PRAC. & REM Code § 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 arbitration considering the circumstances of the case, including the convenience of the parties. (c) Except as agreed by each party, the arbitration tribunal may meet at any place it considers appropriate for: (1) consultation among its members; (2) hearing of witnesses, experts, or the parties; or (3) inspection of documents, goods, or other property. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-15 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.

Tex. CIV. PRAC. & REM Code § 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 the respondent. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 tribunal shall determine the language or languages to be used in the arbitration. (c) Except as provided by the agreement or determination, the agreement or determination applies to each: (1) written statement by a party; (2) hearing; and (3) award, decision, or other communication by the arbitration tribunal. (d) The arbitration tribunal may order that documentary evidence be accompanied by a translation into the selected language or languages. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 claim; (B) the points at issue; and (C) the relief or remedy sought; and (2) the respondent shall state the defense. (b) A party may submit with the party's statement any document the party considers relevant or may add a reference to a document or other evidence the party will submit. (c) The parties may otherwise agree as to the required elements of the statements required by Subsection (a). Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 considers it inappropriate to allow the amendment or supplement considering the delay in making the amendment or supplement. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 oral argument; or (2) conduct the arbitration on the basis of documents and other materials. (b) Unless the parties have agreed that oral hearings are not to be held, the arbitration tribunal shall, on request of a party, hold an oral hearing at an appropriate stage of the arbitration. (c) Each party shall be given sufficient advance notice of a hearing or meeting of the arbitration tribunal to permit inspection of documents, goods, or other property. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 other party. (b) An expert report or evidentiary document on which the arbitration tribunal may rely in making a decision shall be communicated to each party. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 statement of claim required under Section 172.109 . (b) Except as agreed by the parties, if the respondent without showing sufficient cause fails to communicate the statement of defense as provided by Section 172.109 , the arbitration tribunal shall continue the arbitration without treating that failure as an admission of the claimant's allegations. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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, the arbitration tribunal may continue the arbitration and make the arbitration award based on the evidence before it. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 determined by the tribunal; and (2) require a party to: (A) give the expert relevant information; or (B) produce or provide access to relevant documents, goods, or other property. (b) Except as agreed by the parties, if a party requests or if the arbitration tribunal considers it necessary, the expert shall, after delivery of a written or oral report, participate in an oral hearing at which each party may: (1) question the expert; and (2) present an expert witness on the issue. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 at any time during the arbitration to encourage settlement. (b) The arbitration tribunal shall terminate the arbitration if the parties settle the dispute. (c) If requested by the parties and not objected to by the arbitration tribunal, the tribunal shall record the settlement in the form of an award on agreed terms. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 on the expiration of the applicable period under Section 172.147 . (b) The arbitration tribunal shall issue an order for the termination of the arbitration if: (1) the claimant withdraws the claim, unless the respondent objects to the order and the arbitration tribunal recognizes a legitimate interest on the respondent's part in obtaining a final settlement of the dispute; (2) the parties agree to the termination of the arbitration; or (3) the tribunal finds that continuation of the arbitration is unnecessary or impossible. (c) Subject to Sections 172.147 , 172.148 , and 172.149 , the mandate of the arbitration tribunal ends with the termination of the arbitration. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER F. ARBITRATION AWARD

Tex. CIV. PRAC. & REM Code § 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 arbitrator, the signatures of the majority of the members of the tribunal are sufficient if the reason for an omitted signature is stated. (b) The arbitration award must state the reasons on which it is based, unless the parties have agreed that no reasons are to be given, or the award is an award on agreed terms under Section 172.117 . (c) The arbitration award must state its date and the place of arbitration as determined under Section 172.106 . The award is considered to have been made at that place. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 make a final award. (b) An interim arbitration award is enforceable in the same manner as a final award. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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, 1997.

Tex. CIV. PRAC. & REM Code § 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 an order for costs: (1) the arbitration tribunal may include any expenses incurred in connection with the arbitration, including: (A) the fees and expenses of the arbitrators and expert witnesses; (B) legal fees and expenses; and (C) administration fees of the institution supervising the arbitration; and (2) the tribunal may specify: (A) the party entitled to costs; (B) the party required to pay costs; (C) the amount of costs or method of determining that amount; and (D) the manner in which the costs are to be paid. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 is an arbitration award. (b) An award on agreed terms has the same status and effect as any other arbitration award on the substance of the dispute. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 parties, a party may request the arbitration tribunal to: (1) correct in the award a computation, clerical, or typographical error or a similar error; and (2) interpret a part of the award, if agreed by the parties. (b) If the arbitration tribunal considers a request under Subsection (a) to be justified, it shall make the correction or give the interpretation not later than the 30th day after the date of receipt of the request. The interpretation or correction becomes part of the arbitration award. (c) The arbitration tribunal may correct an error described by Subsection (a)(1) on its own initiative not later than the 30th day after the date of the arbitration award. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 award, that the arbitration tribunal make an additional award for a claim presented in the arbitration but omitted from the award. (b) If the arbitration tribunal considers the request to be justified, the tribunal shall make the additional award not later than the 60th day after the date of receipt of the request. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 Section 172.147 or 172.148 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 made under Section 172.148 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER G. JUDICIAL PROCEEDINGS

Tex. CIV. PRAC. & REM Code § 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, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 or the business court in taking evidence, and the court may provide the assistance according to its rules on taking evidence. The tribunal or a party shall select the court in the manner provided by Section 171.096 . Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 the agreements, a district court or the business court, on application by a party with the consent of each other party to the agreements, may: (1) order the arbitrations consolidated on terms the court considers just and necessary; (2) if all the parties cannot agree on a tribunal for the consolidated arbitration, appoint an arbitration tribunal as provided by Section 172.055 ; and (3) if all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order the court considers necessary. (b) The arbitration tribunal or the party shall select the court in the manner provided by Section 171.096 . (c) This section does not prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any step necessary to effect that consolidation. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 obtain relief with respect to a matter covered by the arbitration agreement shall: (1) stay the judicial proceeding; and (2) refer the parties to arbitration. (b) A party may not make a request for a stay after the time the requesting party submits the party's first statement on the substance of the dispute. (c) The court may not stay the proceeding if it finds that the agreement is void, inoperable, or incapable of being performed. (d) An arbitration may begin or continue, and an arbitration tribunal may make an award, while an action described in this section is pending before the court. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 172.175. INTERIM ORDERS.

(a) A party to an arbitration agreement may request an interim measure of protection from a district court or the business court before or during an arbitration. The party shall select the court in the manner described by Section 171.096 . (b) A party to an arbitration may request from the court enforcement of an order of an arbitration tribunal granting an interim measure of protection under Section 172.083 . The court shall grant enforcement as provided by the law applicable to the type of interim relief requested. (c) In connection with a pending arbitration, the court may take appropriate action, including: (1) ordering an attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets; or (2) granting a preliminary injunction to protect a trade secret or to conserve goods that are the subject matter of the dispute. (d) In considering a request for interim relief, the court shall give preclusive effect to a finding of fact of the arbitration tribunal in the arbitration, including a finding of fact relating to the probable validity of the claim that is the subject of the order for interim relief that the tribunal has granted, if the interim order is consistent with public policy. (e) If the arbitration tribunal has not ruled on an objection to its jurisdiction, the court may not grant preclusive effect to the tribunal's finding until the court makes an independent finding as to the jurisdiction of the tribunal. If the court rules that the tribunal did not have jurisdiction under applicable law, the court shall deny the application for interim measures of relief. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. SUBCHAPTER H. PROVISIONS RELATING ONLY TO CONCILIATION

Tex. CIV. PRAC. & REM Code § 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 chapter to resolve disputes arising from those agreements or transactions through conciliation. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-18 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.

Tex. CIV. PRAC. & REM Code § 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 serve as the conciliator or conciliators to assist the parties in an independent and impartial manner to reach an amicable settlement of the dispute. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-19 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.

Tex. CIV. PRAC. & REM Code § 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 obligations of the parties; (B) the usages of the trade concerned; and (C) the circumstances surrounding the dispute, including any previous practices between the parties. (b) The conciliator may conduct the conciliation in a manner that the conciliator considers appropriate, considering the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. (c) Except as provided by this chapter, a law of this state governing procedure, other than this chapter, does not apply to conciliation under this chapter. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-20 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.

Tex. CIV. PRAC. & REM Code § 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 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-21 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.

Tex. CIV. PRAC. & REM Code § 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 within which each party must approve the settlement. The draft conciliation settlement may include the assessment and apportionment of costs between the parties. (b) A party is not required to accept a proposed conciliation settlement. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-22 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.

Tex. CIV. PRAC. & REM Code § 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 evidence may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given. (b) Except as provided by a document prepared for the purpose of, in the course of, or pursuant to the conciliation, the document or a copy of the document is not admissible in evidence, and disclosure of the document may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given. (c) Subsection (a) does not limit the admissibility of evidence if each party participating in conciliation consents to the disclosure. (d) If evidence is offered in violation of this section, the arbitration tribunal or the court shall make any order it considers appropriate to deal with the matter, including an order restricting the introduction of evidence or dismissing the case without prejudice. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-23 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.

Tex. CIV. PRAC. & REM Code § 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 from the beginning of conciliation until the termination of conciliation. (b) Each applicable limitation period, including a period of prescription, is tolled or extended on the beginning of a conciliation under this chapter for each party to the conciliation until the 10th day following the date of termination of the conciliation. (c) For purposes of this section, conciliation begins when a party requests conciliation of a dispute and each other party agrees to participate in the conciliation. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-24 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.

Tex. CIV. PRAC. & REM Code § 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 further efforts at conciliation are not justified, on the date of the declaration; (2) a written declaration of each party addressed to each conciliator that the conciliation is terminated, on the date of the declaration; or (3) the signing of a settlement agreement by each party, on the date of the agreement. (b) The conciliation proceedings may be terminated as to particular parties by: (1) a written declaration of a party to each other party and each conciliator, if appointed, that the conciliation is terminated as to that party, on the date of the declaration; or (2) the signing of a settlement agreement by some of the parties, on the date of the agreement. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-25 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.

Tex. CIV. PRAC. & REM Code § 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 for or take part in an arbitration or judicial proceeding in the same dispute unless each party consents to the participation. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-26 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.

Tex. CIV. PRAC. & REM Code § 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. (b) Subsection (a) does not apply to the waiver of a right or remedy stated in a settlement resulting from the conciliation. Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-27 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.

Tex. CIV. PRAC. & REM Code § 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; and (3) is signed by each conciliator and each party or a representative of each party. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 party. (b) The parties shall bear the costs equally unless the settlement agreement provides for a different apportionment. A party shall bear any other expense incurred by that party. (c) In this section, "costs" includes only: (1) a reasonable fee to be paid to each conciliator; (2) travel and other reasonable expenses of each conciliator and each witness requested by the conciliator with the consent of each party; (3) the cost of expert advice requested by the conciliator with the consent of each party; and (4) any court cost. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 to the jurisdiction of a court in this state if conciliation fails. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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, is not subject to service of process in a civil matter related to the conciliation. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Tex. CIV. PRAC. & REM Code § 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 conciliator in a proceeding subject to this chapter. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/28/2026