RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 172.106 lets the parties agree on the place of arbitration, has the tribunal determine it considering the circumstances and convenience of the parties otherwise, and lets the tribunal meet elsewhere for consultation, witnesses or inspection.

Full Text of § 172.106

Text sizeJump to: (a) (b) (c)

(a)The parties may agree on the place of arbitration.
(b)If the parties do not agree, the arbitration tribunal shall determine the place of arbitration considering the circumstances of the case, including the convenience of the parties.
(c)Except as agreed by each party, the arbitration tribunal may meet at any place it considers appropriate for:
(1)consultation among its members;
(2)hearing of witnesses, experts, or the parties; or
(3)inspection of documents, goods, or other property.
End

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.
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