§ 172.109.Statement of Claim or Defense

Pleadings, described in a single short section.

The period comes from the parties or the tribunal. Statements are due within the period agreed on by the parties or determined by the tribunal.

The claimant states three things: the facts supporting the claim, the points at issue, and the relief or remedy sought.

The respondent states the defense. The statute says no more than that, leaving the form to the parties and the tribunal.

Documents may accompany the statement, or a party may add a reference to a document or other evidence it will submit.

The parties may vary the required elements. Subsection (c) lets them otherwise agree on what the statements must contain.

The statement of defense is a deadline elsewhere in the chapter. Section 172.082(b) bars a jurisdictional plea after it is submitted.

Failing to file has consequences that differ by party. Section 172.114 terminates the arbitration if the claimant fails without sufficient cause, and continues it — without treating the failure as an admission — if the respondent does.

An exchange of these statements can itself be the arbitration agreement. Section 172.032(a)(3) treats an exchange in which the agreement is alleged and not denied as the required writing.

Amendment is liberal. Section 172.110 allows amending or supplementing a claim or defense during the arbitration unless the parties agreed otherwise or the tribunal considers it too late.