§ 172.052.Nationality of Arbitrator

Eight words that answer a question domestic statutes never have to ask.

Nationality is no bar. A person of any nationality may serve as an arbitrator under this chapter.

The rule matters because the parties are from different countries. A statute silent on the point would invite an argument that a foreign national cannot preside over a Texas-seated arbitration.

It also protects party choice. Parties often want an arbitrator experienced in a particular industry or legal tradition, and that person may hold any passport.

Nationality still figures in appointment. Section 172.055(3) tells a court appointing a sole or third arbitrator to consider the advisability of choosing someone of a nationality other than that of any party.

The two provisions work together. Nationality is never a disqualification, and neutrality of nationality is a factor when a court is choosing the presiding arbitrator.

The parties can impose their own requirement. An agreement may require a particular nationality or exclude one, and Section 172.055(1) directs a court to consider qualifications the agreement requires.

Failing an agreed qualification is a challenge ground. Section 172.057 allows a challenge where the arbitrator lacks a qualification the parties agreed on.

The section reflects the chapter’s origin in a model law written for arbitrations between parties from different countries.