Sec. 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 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.
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