§ 172.060.Appeal of Unsuccessful Challenge

Court review of a failed challenge, on a short clock and with no appeal.

The route opens only after the statutory procedure fails. It applies to an unsuccessful challenge under Sections 172.059(b) and (c).

An agreed procedure has no such route. Section 172.059(a) makes a decision under the parties’ own procedure final.

Thirty days from notice of the rejection is the deadline for asking the court to decide.

The court is the one where the arbitration sits — the district court or business court division of the county of the place of arbitration.

The court sustains the challenge if the facts support a finding that the grounds "fairly exist."

The decision of the court is final and not subject to appeal.

The arbitration does not stop while the request is pending. The tribunal, including the challenged arbitrator, may continue the arbitration and make an award.

That last provision is the anti-delay rule of the chapter. A challenge cannot be used to freeze a proceeding, because the tribunal keeps working while the court considers it.

The same design appears in Section 172.082(g), which lets the tribunal continue while a court considers its jurisdiction.