Tex. Civ. Prac. & Rem. Code § 171.088 · Subchapter D. COURT PROCEEDINGS
VACATING AWARD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On application of a party, the court shall vacate an award if:
(1) the award was obtained by corruption, fraud, or other undue means;
(2) the rights of a party were prejudiced by:
(A) evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) corruption in an arbitrator; or
(C) misconduct or wilful misbehavior of an arbitrator;
(3) the arbitrators:
(A) exceeded their powers;
(B) refused to postpone the hearing after a showing of sufficient cause for the postponement;
(C) refused to hear evidence material to the controversy; or
(D) conducted the hearing, contrary to Section 171.043, 171.044, 171.045, 171.046, or 171.047, in a manner that substantially prejudiced the rights of a party; or
(4) there was no agreement to arbitrate, the issue was not adversely determined in a proceeding under Subchapter B, and the party did not participate in the arbitration hearing without raising the objection.
(b) A party must make an application under this section not later than the 90th day after the date of delivery of a copy of the award to the applicant. A party must make an application under Subsection (a)(1) not later than the 90th day after the date the grounds for the application are known or should have been known.
(c) If the application to vacate is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.171.htm
- Text hash
- sha256 82332547d856ce7d1cf8bacb55a668d2f4eea75dc2649a75d3408613e6d189b5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 171.043HEARING CONDUCTED BY ARBITRATORS.Printed as Section 171.043, 171.044, 171.045, 171.046, or 171.047
- Tex. Civ. Prac. & Rem. Code § 171.044TIME AND PLACE OF HEARING; NOTICE.Printed as Section 171.043, 171.044, 171.045, 171.046, or 171.047
- Tex. Civ. Prac. & Rem. Code § 171.045ADJOURNMENT OR POSTPONEMENT.Printed as Section 171.043, 171.044, 171.045, 171.046, or 171.047
- Tex. Civ. Prac. & Rem. Code § 171.046FAILURE OF PARTY TO APPEAR.Printed as Section 171.043, 171.044, 171.045, 171.046, or 171.047
- Tex. Civ. Prac. & Rem. Code § 171.047RIGHTS OF PARTY AT HEARING.Printed as Section 171.043, 171.044, 171.045, 171.046, or 171.047
Cited by 5 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 171.088. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 171.054MODIFICATION OR CORRECTION TO AWARD.Printed as Sections 171.087, 171.088, 171.089, 171.090, and 171.091 | Sections 171.087, 171.088, 171.089, and 171.091
- Tex. Civ. Prac. & Rem. Code § 171.086ORDERS THAT MAY BE RENDERED.Printed as Section 171.087, 171.088, 171.089, or 171.091
- Tex. Civ. Prac. & Rem. Code § 171.087CONFIRMATION OF AWARD.Printed as Section 171.088 or 171.091
- Tex. Civ. Prac. & Rem. Code § 171.089REHEARING AFTER AWARD VACATED.Printed as Section 171.088(a)(3) | Section 171.088(a)(4)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.