§ 171.096.Place of Filing

The place of filing, in a section that works down from the general to the specific.

The baseline is the adverse party’s county — where an adverse party resides or has a place of business, or the business court.

If the adverse party has neither in Texas, any county will do, or the business court.

An agreed hearing county controls. Where the agreement provides that the hearing before the arbitrators is to be held in a Texas county, the application goes to the clerk of that county’s court or the business court.

A completed hearing controls more strongly. Where a hearing has been held, the application goes to the county where it was held.

A pending proceeding controls above all. Consistent with Section 171.024, where a court proceeding relating to arbitration of the issue was already pending, the initial application and every subsequent one go to that court.

Business court filings carry a pleading requirement. An initial application filed there must plead facts establishing venue in a county in a division of the business court under the applicable subsection.

The rules descend from general to specific for a reason. As the arbitration progresses, the parties’ own choices and conduct fix the natural forum more precisely.

A wrong choice is correctable rather than fatal. Section 171.097 provides for transfer on the adverse party’s timely application.