§ 171.086.Orders That May Be Rendered

Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter D. Court Proceedings · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 171.086 lists the orders a court may render in support of arbitration — jurisdiction and service, ancillary in rem relief, preservation of evidence, pre-arbitration depositions, appointment of arbitrators, compliance with arbitrators’ orders, security and other relief.

Full Text of § 171.086

Text sizeJump to: (a) (b) (c)

(a)Before arbitration proceedings begin, in support of arbitration a party may file an application for a court order, including an order to:

(1)invoke the jurisdiction of the court over the adverse party and to effect that jurisdiction by service of process on the party before arbitration proceedings begin;

(2)invoke the jurisdiction of the court over an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner and subject to the conditions under which the proceeding may be instituted and conducted ancillary to a civil action in a district court or the business court, as applicable;

(3)restrain or enjoin:

(A)the destruction of all or an essential part of the subject matter of the controversy; or

(B)the destruction or alteration of books, records, documents, or other evidence needed for the arbitration;

(4)obtain from the court in its discretion an order for a deposition for discovery, perpetuation of testimony, or evidence needed before the arbitration proceedings begin;

(5)appoint one or more arbitrators so that an arbitration under the agreement to arbitrate may proceed; or

(6)obtain other relief, which the court can grant in its discretion, needed to permit the arbitration to be conducted in an orderly manner and to prevent improper interference or delay of the arbitration.

(b)During the period an arbitration is pending before the arbitrators or at or after the conclusion of the arbitration, a party may file an application for a court order, including an order:

(1)that was referred to or that would serve a purpose referred to in Subsection (a);

(2)to require compliance by an adverse party or any witness with an order made under this chapter by the arbitrators during the arbitration;

(3)to require the issuance and service under court order, rather than under the arbitrators' order, of a subpoena, notice, or other court process:

(A)in support of the arbitration; or

(B)in an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner of and subject to the conditions under which the proceeding may be conducted ancillary to a civil action in a district court or the business court, as applicable;

(4)to require security for the satisfaction of a court judgment that may be later entered under an award;

(5)to support the enforcement of a court order entered under this chapter; or

(6)to obtain relief under Section 171.087, 171.088, 171.089, or 171.091.

(c)A court may not require an applicant for an order under Subsection (a)(1) to show that the adverse party is about to, or may, leave the state if jurisdiction over that party is not effected by service of process before the arbitration proceedings begin.

End

Plain-English Summary

The longest section in the subchapter, and the most useful. It is a catalogue of what a court can do for an arbitration.

Subsection (a) covers the period before arbitration begins. Six kinds of order are listed.

Jurisdiction over the adverse party comes first, effected by service of process before the arbitration proceedings begin.

Ancillary in rem relief is available, including attachment, garnishment or sequestration, on the same conditions as those remedies carry in a civil action.

Preservation orders are next. A court may restrain destruction of all or an essential part of the subject matter of the controversy, or destruction or alteration of books, records, documents or other evidence needed for the arbitration.

Pre-arbitration depositions are available in the court’s discretion, for discovery, perpetuation of testimony, or evidence needed before the proceedings begin.

The court may appoint arbitrators so an arbitration under the agreement may proceed, and may grant other relief needed to keep the arbitration orderly and free of improper interference or delay.

Subsection (b) covers the period during and after the arbitration. Everything in subsection (a) remains available, and five more items are added.

The most important is enforcement of the arbitrators’ own orders. A court may require compliance by an adverse party or any witness with an order the arbitrators made during the arbitration.

Court process may replace arbitrator process. A subpoena, notice or other court process may issue and be served under court order rather than the arbitrators’ order.

Security and enforcement round out the list, along with relief under the confirmation, vacatur and modification sections.

One showing is expressly not required. A court may not require an applicant seeking pre-arbitration service of process to show that the adverse party is about to leave the state.

Frequently Asked Questions

What can a court order before an arbitration starts?

Service of process to establish jurisdiction, ancillary attachment or garnishment, orders preserving the subject matter and evidence, depositions, appointment of arbitrators, and other relief needed to keep the arbitration orderly.

Can a court enforce an arbitrator’s order?

Yes. During or after the arbitration a court may require an adverse party or a witness to comply with an order the arbitrators made.

Can a court order security for a future judgment?

Yes, to secure satisfaction of a court judgment that may later be entered on an award.

Must an applicant show the other party is fleeing the state?

No. The section expressly forbids requiring that showing for pre-arbitration service of process.

Amendment History

Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 26, eff. September 1, 2025.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source