§ 171.025.Stay of Related Proceeding
Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter B. Proceedings to Compel or Stay Arbitrations · Last amended 1997 · Last verified August 29, 2026
Full Text of § 171.025
Plain-English Summary
The stay provision, and it is triggered earlier than most people expect.
The court shall stay the proceeding where an order for arbitration or an application for that order is made.
The application alone is enough. A party need not wait for the court to rule before the litigation pauses on the arbitrable issue.
The stay is mandatory. The section says shall, and Section 171.021(c) requires an order compelling arbitration to include it.
The reason is expense. Litigating an issue that is about to be arbitrated wastes the parties’ money and the court’s time, and risks two inconsistent results.
The stay is tailored, not total. It applies only to the issue subject to arbitration, where that issue is severable from the rest of the proceeding.
Severability is the question in a mixed case. A lawsuit with three claims where one falls under the clause may proceed on the other two if they can be untangled.
Where the issues cannot be separated, the whole proceeding waits. The subsection limits the stay only when severance is possible.
Section 171.084 does related work later in the chapter, letting a court stay competing proceedings filed after an initial application.
Frequently Asked Questions
When does the court stay the lawsuit?
When an order for arbitration or an application for that order is made under Subchapter B.
Is the stay mandatory?
Yes. The section says the court shall stay the proceeding.
Does the whole case stop?
Only the issue subject to arbitration, if that issue is severable from the rest of the proceeding.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.