§ 171.024.Place for Making Application

A short section that decides where a party asks for help.

A pending case controls. If a proceeding is pending in a court involving an issue referable to arbitration under an alleged agreement, a party may make an application under this subchapter only in that court.

The word "only" makes it exclusive. A party who does not like the court where the case sits cannot open a second front elsewhere.

The rule prevents inconsistent orders. Two courts could otherwise reach opposite conclusions about the same clause between the same parties.

It also protects the court that already has the case. The judge managing the litigation decides whether part of it belongs in arbitration.

Where no case is pending, the choice opens up. A party may make an application in any court, subject to Section 171.096.

Section 171.096 supplies the real limits — the county where an adverse party resides or has a place of business, the county named for the hearing, or the county where a hearing was held.

Section 171.097 supplies the correction. A court with jurisdiction that is not one of those courts transfers the application on a timely application by the adverse party.

Reading the three sections together gives the practical rule. Follow the pending case; if there is none, follow the filing rules; and expect a transfer if the wrong court was chosen.