§ 172.002.Definitions

Eight definitions, several of which decide questions that would otherwise be argued.

"Arbitration" includes any arbitration, administered by a permanent institution or not. Ad hoc arbitration is covered on the same terms as institutional.

"Arbitration agreement" is drawn broadly. An agreement to arbitrate a dispute that has arisen or may arise concerning a defined legal relationship, whether or not that relationship is contractual.

The non-contractual clause is doing real work. International commercial disputes arise from relationships that are not contracts, and the definition reaches them.

The term covers both forms an agreement takes — an arbitration clause inside a contract, and a separate submission agreement.

"Arbitration award" reaches partial decisions. A decision of the tribunal on the substance of a dispute, including an interim, interlocutory or partial award.

"Arbitration tribunal" covers both shapes — a sole arbitrator or a panel.

"Claim" includes a counterclaim and "defense" includes a defense to a counterclaim, which spares the drafter from repeating both throughout the chapter.

Those two definitions are switched off in two places, in Sections 172.114(a) and 172.118(b)(1), where the chapter deals with a claimant’s failure to state a claim and withdrawal of a claim.

"Conciliation" mirrors the arbitration definition, covering conciliation with or without a permanent institution, and "party" means a party to an arbitration or conciliation agreement.