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§ 172.001.Scope of Chapter

Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter A. General Provisions · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 172.001 applies the chapter to international commercial arbitration and conciliation in Texas, subject to treaties, and supersedes parts of Chapter 171 while preserving its Subchapters A and D and the unconscionability rule.

Full Text of § 172.001

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

(a)This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States and another state or states.
(b)This chapter, except Sections 172.174 and 172.175, applies only to arbitration or conciliation in this state.
(c)Except as provided by Subsection (d), this chapter does not affect another state law under which a dispute:
(1)may not be submitted to arbitration; or
(2)may be submitted to arbitration only in accordance with law other than this chapter.
(d)Except as provided by this subsection, this chapter supersedes Subchapters B and C, Chapter 171, with respect to international commercial arbitration and conciliation. This chapter does not supersede Subchapter A or D of that chapter or Section 171.022.
(e)This chapter does not confer on the business court any new or additional jurisdiction.
End

Plain-English Summary

The scope section, and it spends most of its length explaining how this chapter fits beside the general arbitration statute.

The subject is international commercial arbitration and conciliation, with both words defined later — international in Section 172.003 and commercial in Section 172.004.

Treaties come first. The chapter is subject to any agreement in force between the United States and another state or states.

That deference is unavoidable. Cross-border awards are enforced under international conventions, and a state statute operates underneath them.

The geographic limit is Texas. Except for two sections on staying court proceedings and interim orders, the chapter applies only to arbitration or conciliation in this state.

Other state law on arbitrability is preserved. The chapter does not affect another law under which a dispute may not be arbitrated, or may be arbitrated only under law other than this chapter.

The relationship to Chapter 171 is spelled out. This chapter supersedes Subchapters B and C of Chapter 171 for international commercial arbitration and conciliation.

Three things survive. Chapter 171’s Subchapter A, its Subchapter D, and Section 171.022 — the bar on enforcing an unconscionable agreement.

Keeping Subchapter D matters most in practice. The court procedures for applications, service, confirmation, vacatur and appeal continue to apply.

A closing subsection disclaims new business court jurisdiction, matching the same disclaimer in Section 171.002(d).

Frequently Asked Questions

What does this chapter cover?

International commercial arbitration and conciliation, subject to any treaty in force between the United States and another state.

Does it replace the general arbitration chapter?

It supersedes Subchapters B and C of Chapter 171 for international matters, but not Subchapter A, Subchapter D, or the unconscionability rule in Section 171.022.

Does it apply outside Texas?

Except for Sections 172.174 and 172.175, it applies only to arbitration or conciliation in this state.

Amendment History

  • Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-1 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by
  • Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
  • Amended by:
  • Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 33, 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