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.
Source:
Section 172.054 — Appointment by Court, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.172.htm#172.054 (accessed Jun. 5, 2024).
