§ 171.089.Rehearing After Award Vacated

Vacating an award leaves the dispute unresolved. This section decides what happens next.

A rehearing is discretionary. The court may order one on vacating an award.

New arbitrators are the default, chosen as the agreement provides or, if it is silent, by the court under Section 171.041.

One vacatur ground gets no rehearing. Where the award was vacated under Section 171.088(a)(4) — no agreement to arbitrate — the court does not order a rehearing.

That exclusion follows from the ground. A party who never agreed to arbitrate should not be sent back to arbitrate again.

The same arbitrators may rehear in one situation. Where the award was vacated under Section 171.088(a)(3), the court may order a rehearing before the arbitrators who made the award or their successors.

That fits the grounds in that subdivision, which are about how the hearing was run rather than the integrity of the arbitrators.

The clock restarts. The period the agreement allows for making an award applies to the rehearing and runs from the date of the order.

Without that provision the rehearing could be born late. An agreement’s award deadline would long since have passed by the time a court vacated the first award.