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§ 172.057.Grounds for Challenge; Limitation

Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter C. Arbitrators · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 172.057 limits a challenge to an arbitrator to circumstances giving rise to justifiable doubts about impartiality, independence, or a qualification the parties agreed on, unless the agreement or governing rules provide otherwise.

Full Text of § 172.057

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Except as provided by agreement of the parties or the rules governing the arbitration, a party may challenge an arbitrator only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality, independence, or possession of a qualification on which the parties have agreed.
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Plain-English Summary

The grounds for challenging an arbitrator, and the list is short.

Justifiable doubts is the standard. Circumstances must exist that give rise to justifiable doubts, not a party’s subjective discomfort.

Three subjects are covered — the arbitrator’s impartiality, independence, and possession of a qualification on which the parties agreed.

Impartiality and independence are related but distinct. Impartiality concerns the arbitrator’s attitude toward the dispute; independence concerns relationships with the parties.

The agreed-qualification ground gives the parties’ clause teeth. A tribunal member who lacks the experience the contract required can be challenged for that reason alone.

The word "only" limits the grounds. Dissatisfaction with the arbitrator’s rulings is not on the list.

The parties can change the standard. The section applies except as provided by agreement of the parties or the rules governing the arbitration.

Disclosure feeds the challenge. Section 172.056 requires the arbitrator to reveal precisely the circumstances that would support one.

Section 172.058 limits who may complain, and Section 172.059 sets out how and when.

Justifiable doubts is an objective standard. It asks what the circumstances would suggest to a reasonable observer, not how strongly a party feels.

The three grounds cover different failures. A relationship with a party goes to independence, a fixed view of the dispute goes to impartiality, and a missing credential goes to the parties’ own bargain.

Institutional rules commonly restate the standard in similar terms, and Section 172.033 makes those rules part of the agreement.

Timing is governed elsewhere. Section 172.059 sets a 15-day window from the moment the party learns of the ground.

Frequently Asked Questions

When can an arbitrator be challenged?

Only where circumstances give rise to justifiable doubts about impartiality, independence, or a qualification the parties agreed on.

Are unfavourable rulings a ground?

They are not among the listed grounds.

Can the parties change the standard?

Yes, by agreement or through the rules governing the arbitration.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
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