§ 172.106.Place of Arbitration
Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter E. Arbitration Proceedings · Last amended 1997 · Last verified August 29, 2026
Full Text of § 172.106
Plain-English Summary
The seat of the arbitration, and the difference between the seat and where people meet.
The parties may agree on the place of arbitration. Most international clauses do, because the choice carries consequences.
The place fixes the supervising court. Sections 172.054, 172.060, 172.061 and 172.082 all send questions to the court of the county in which the place of arbitration is located.
It also fixes where the award is made. Section 172.141(c) requires the award to state the place, and the award is considered to have been made there.
Absent agreement the tribunal determines it, considering the circumstances of the case, including the convenience of the parties.
Meeting elsewhere is expressly allowed. Except as agreed, the tribunal may meet at any place it considers appropriate for three purposes.
Those are consultation among its members, hearing witnesses, experts or the parties, and inspecting documents, goods or other property.
The distinction matters in cross-border cases. A tribunal seated in Texas can hear a witness abroad or inspect goods at a foreign port without moving the seat or changing the supervising court.
The chapter reaches only arbitration in this state. Section 172.001(b) limits it to arbitration or conciliation here, apart from two sections.
Frequently Asked Questions
Who decides where an international arbitration takes place?
The parties by agreement; otherwise the tribunal, considering the circumstances and the convenience of the parties.
Can hearings be held somewhere else?
Yes. The tribunal may meet anywhere it considers appropriate for consultation, hearing witnesses or inspecting property.
Why does the place matter?
It fixes the supervising court and the place where the award is considered to have been made.
Amendment History
- Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989. Redesignated from Vernon's Ann.Civ.St. art. 249-15 and amended by
- Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.