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§ 171.090.Type of Relief Not Factor

Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter D. Court Proceedings · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 171.090 provides that relief the arbitrators granted which a court of law or equity could not or would not grant is not a ground for vacating or refusing to confirm the award.

Full Text of § 171.090

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The fact that the relief granted by the arbitrators could not or would not be granted by a court of law or equity is not a ground for vacating or refusing to confirm the award.
End

Plain-English Summary

One sentence that protects the whole point of arbitration.

The kind of relief is not a ground for attack. That a court could not or would not have granted it does not support vacatur or refusal to confirm.

Arbitrators are not bound to the remedies a court would use. They can fashion outcomes the parties’ own bargain and the trade’s practices suggest.

The provision forecloses a tempting argument. A losing party can nearly always say a court would have done something different, and that observation is made irrelevant here.

It works with Section 171.026 at the other end of the case. Courts do not screen the merits before arbitration, and do not measure the remedy afterward.

The limit is exceeding the arbitrators’ powers. Section 171.088(a)(3)(A) remains available, so an award outside what the parties submitted is still vulnerable.

The two questions are different. Whether the remedy is unusual is not a ground; whether the arbitrators had authority to grant it is.

Section 171.091(a)(2) covers a related situation, letting a court correct an award on a matter not submitted where the merits of the submitted issues are unaffected.

Read together, the chapter reviews authority, not judgment. That is the trade a party makes on signing an arbitration clause.

Frequently Asked Questions

Can an award be attacked because a court could not grant that relief?

No. The type of relief is not a ground for vacating or refusing to confirm.

Does that mean arbitrators can do anything?

No. An award may still be vacated if the arbitrators exceeded their powers.

What is the difference?

The question is whether the arbitrators had authority over the matter, not whether the remedy is one a court would use.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
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