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 Jun. 5, 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:
Jun. 5, 2024

§ 172.102’s source at texas​.gov