§ 171.085.Contents of Application
Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter D. Court Proceedings · Last amended 1997 · Last verified August 29, 2026
Full Text of § 171.085
Plain-English Summary
Pleading requirements, with a built-in second chance.
Five items may be required. The jurisdiction of the court; a copy of the agreement to arbitrate; the issue subject to arbitration; the status of the arbitration before the arbitrators; and the need for the order sought.
The list is permissive. A court may require these things, so practice varies from court to court.
Each item answers a question the court will have. Whether it can act, what the parties agreed to, what is being arbitrated, where the arbitration stands, and why an order is needed now.
Attaching the agreement is the practical heart of it. The court cannot evaluate an arbitration clause it has not seen.
An incomplete application is not dismissed out of hand. A court may not find an application inadequate for a missing item unless it takes two steps.
The first is requiring an amendment to meet the court’s requirements.
The second is granting a 10-day period to comply. Both are conditions on finding the application inadequate.
The protection reflects what is at stake. Deadlines in this chapter are short, and an application rejected on a technicality could leave a party out of time to vacate or confirm.
Frequently Asked Questions
What must an application contain?
A court may require it to show jurisdiction, attach the agreement, define the arbitrable issue, state the status of the arbitration, and show the need for the order.
What happens if something is missing?
The court may not find the application inadequate unless it requires an amendment and grants a 10-day period to comply.
Are these requirements mandatory in every court?
No. The section says a court may require them.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.