Tex. Civ. Practice & Remedies Code Section 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 (Appointment of Arbitration Tribunal)(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 (Appointment of Arbitration Tribunal)(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.

Source: Section 172.054 — Appointment by Court, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­172.­htm#172.­054 (accessed Mar. 23, 2024).

172.001
Scope of Chapter
172.002
Definitions
172.003
International Agreement
172.004
Commercial Agreement
172.005
Date Written Communications Received
172.006
Waiver of Right to Object
172.007
Delegation of Certain Determinations
172.031
Arbitration Agreements Valid
172.032
Requirements for Arbitration Agreement
172.033
Rules Referred to in Agreement
172.051
Number of Arbitrators
172.052
Nationality of Arbitrator
172.053
Appointment of Arbitration Tribunal
172.054
Appointment by Court
172.055
Factors Considered
172.056
Disclosure of Grounds for Challenge
172.057
Grounds for Challenge
172.058
Challenge After Appointment
172.059
Challenge Procedure
172.060
Appeal of Unsuccessful Challenge
172.061
Failure or Impossibility to Act
172.062
Termination of Mandate
172.063
Substitution of Arbitrator
172.064
Withdrawal of Arbitrator
172.081
Decision of Arbitration Tribunal
172.082
Determination of Jurisdiction of Arbitration Tribunal
172.083
Interim Measures Ordered by Arbitration Tribunal
172.101
Equal Treatment of Parties
172.102
Substantive Rules
172.103
Rules of Procedure
172.104
Rules of Evidence
172.105
Subpoena
172.106
Place of Arbitration
172.107
Commencement of Arbitration
172.108
Language
172.109
Statement of Claim or Defense
172.110
Supplement or Amendment to Statement
172.111
Hearings
172.112
Hearing or Meeting in Camera
172.113
Written Information
172.114
Default of Party
172.115
Award After Party Fails to Appear or Produce Evidence
172.116
Appointed Expert
172.117
Settlement
172.118
Termination of Proceedings
172.141
Form and Content of Arbitration Award
172.142
Delivery of Award
172.143
Interim Award
172.144
Interest
172.145
Costs
172.146
Award on Agreed Terms
172.147
Correction and Interpretation of Awards
172.148
Additional Award
172.149
Extension of Time
172.150
Applicable Law
172.171
Role of Court
172.172
Assistance in Taking Evidence
172.173
Consolidation
172.174
Stay of Court Proceedings
172.175
Interim Orders
172.201
Policy
172.202
Appointment of Conciliator
172.203
Conduct of Conciliation
172.204
Representation and Assistance
172.205
Draft Conciliation Settlement
172.206
Confidentiality
172.207
Stay of Arbitration and Resort to Other Proceedings
172.208
Termination of Conciliation
172.209
Conflict of Interest
172.210
Participation Not Waiver of Rights
172.211
Enforceability
172.212
Costs
172.213
No Consent to Jurisdiction
172.214
Not Subject to Service of Process
172.215
Conciliator Immune

Accessed:
Mar. 23, 2024

§ 172.054’s source at texas​.gov