Texas Civil Practice and Remedies Code

§ 171.021 — PROCEEDING TO COMPEL ARBITRATION

CP § 171.021Title 7. ALTERNATE METHODS OF DISPUTE RESOLUTION · Ch. 171. GENERAL ARBITRATION · Art. B. PROCEEDINGS TO COMPEL OR STAY ARBITRATIONS

Statute text

View on source

(a)A court shall order the parties to arbitrate on application of a party showing:

(1)an agreement to arbitrate; and

(2)the opposing party's refusal to arbitrate.

(b)If a party opposing an application made under Subsection (a) denies the existence of the agreement, the court shall summarily determine that issue. The court shall order the arbitration if it finds for the party that made the application. If the court does not find for that party, the court shall deny the application.

(c)An order compelling arbitration must include a stay of any proceeding subject to Section 171.025.

Legislative history

Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 338, Sec. 1, eff. Aug. 26, 1985. Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 1 to 2A and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.