Tex. Civ. Prac. & Rem. Code § 172.102 · Subchapter E. ARBITRATION PROCEEDINGS
SUBSTANTIVE RULES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.172.htm
- Text hash
- sha256 cd94319e30129e1910b106dd2275bebb100e790f5372feb67d3f421fe3c5b27c
- 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
Cited by 1 provision
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Civil Practice and Remedies Code
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