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Texas Civil Practice and Remedies Code

§ 171.023 — PROCEEDING TO STAY ARBITRATION

CP § 171.023Title 7. ALTERNATE METHODS OF DISPUTE RESOLUTION · Ch. 171. GENERAL ARBITRATION · Art. B. PROCEEDINGS TO COMPEL OR STAY ARBITRATIONS

Statute text

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(a)A court may stay an arbitration commenced or threatened on application and a showing that there is not an agreement to arbitrate.
(b)If there is a substantial bona fide dispute as to whether an agreement to arbitrate exists, the court shall try the issue promptly and summarily.
(c)The court shall stay the arbitration if the court finds for the party moving for the stay. If the court finds for the party opposing the stay, the court shall order the parties to arbitrate.

Legislative history

Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983. Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 4 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.

Source: Texas Civil Practice and Remedies Code § 171.023 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.