Tex. Civ. Practice & Remedies Code Section 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.

Source: Section 172.102 — Substantive Rules, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­172.­htm#172.­102 (accessed Apr. 20, 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
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Accessed:
Apr. 20, 2024

§ 172.102’s source at texas​.gov