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Tex. Civ. Prac. & Rem. Code § 171.041

APPOINTMENT OF ARBITRATORS

Applied in 7 court decisions — leading case Bird v. Kornman (2005)

Most recently applied in In the Matter of: Jon Amberson (November 2022)

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff

How often courts cite this section

200020102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The method of appointment of arbitrators is as specified in the agreement to arbitrate.

(b) The court, on application of a party stating the nature of the issues to be arbitrated and the qualifications of the proposed arbitrators, shall appoint one or more qualified arbitrators if:

(1) the agreement to arbitrate does not specify a method of appointment;

(2) the agreed method fails or cannot be followed; or

(3) an appointed arbitrator fails or is unable to act and a successor has not been appointed.

(c) An arbitrator appointed under Subsection (b) has the powers of an arbitrator named in the agreement to arbitrate.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.