§ 172.055.Factors Considered

Three factors, in the order the statute gives them.

The agreement’s qualifications come first. The court considers each qualification required of the arbitrator by the arbitration agreement.

Party autonomy survives court appointment. A clause requiring engineering experience or fluency in a language still governs the person the court picks.

The second factor is independence and impartiality — any consideration making the appointment of an independent and impartial arbitrator more likely.

Those are the same qualities Section 172.057 protects, where justifiable doubts about them are the ground for a challenge.

The third factor applies only to the presiding seat. For a sole or third arbitrator, the court considers the advisability of appointing an arbitrator of a nationality other than that of any party.

Neutral nationality is a convention of international arbitration. A presiding arbitrator from neither party’s country is easier for both sides to accept.

It is a consideration, not a rule. Section 172.052 makes clear that a person of any nationality may serve.

The section does double duty. Section 172.173(a)(2) applies it when a court appoints a tribunal for consolidated arbitrations.

The factors are considerations, not conditions. The court weighs them; the section does not make any of them a disqualification.

Independence and impartiality are supported by disclosure. Section 172.056 requires a prospective appointee to reveal what might call either into question, which is what gives the court something to weigh.