Sec. 172.054. APPOINTMENT BY COURT. (a) On request of a party, the district 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 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 district 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.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 7 - Alternate Methods of Dispute Resolution
Chapter 172 - Arbitration and Conciliation of International Commercial Disputes
Section 172.051. Number of Arbitrators
Section 172.052. Nationality of Arbitrator
Section 172.053. Appointment of Arbitration Tribunal
Section 172.054. Appointment by Court
Section 172.055. Factors Considered
Section 172.056. Disclosure of Grounds for Challenge
Section 172.057. Grounds for Challenge; Limitation
Section 172.058. Challenge After Appointment
Section 172.059. Challenge Procedure
Section 172.060. Appeal of Unsuccessful Challenge
Section 172.061. Failure or Impossibility to Act
Section 172.062. Termination of Mandate