§ 172.059.Challenge Procedure
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
Full Text of § 172.059
Plain-English Summary
How a challenge is made, and who decides it.
An agreed procedure controls and is final. The parties may agree on a procedure for challenging an arbitrator, and a decision reached under it is final.
Institutional rules usually supply one, and Section 172.033 makes those rules part of the agreement.
The statutory fallback requires writing. The challenging party sends a written statement of the reason for the challenge to the arbitration tribunal.
The deadline is 15 days. It runs from the later of the party becoming aware of the constitution of the tribunal or of a circumstance under Section 172.057 or 172.058.
Fifteen days is short, and deliberately so. A challenge decided early costs little; one decided after an award costs everything.
Two events end the challenge without a decision. The arbitrator withdraws from office, or the other party agrees to the challenge.
Otherwise the tribunal decides — including, as the section is written, the challenged arbitrator.
Withdrawal admits nothing. Section 172.064 provides that withdrawal or agreement to a termination does not imply acceptance of the ground.
Court review follows a failed challenge under Section 172.060, on a 30-day clock.
Frequently Asked Questions
How is an arbitrator challenged?
Under the parties’ agreed procedure, or by sending a written statement of the reason to the tribunal within 15 days.
Who decides the challenge?
The tribunal, unless the arbitrator withdraws or the other party agrees to the challenge.
Is an agreed procedure’s decision reviewable?
A decision reached under an agreed procedure is final.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.