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§ 172.171.Role of Court

Title 7. Alternate Methods of Dispute Resolution · Chapter 172. Arbitration and Conciliation of International Commercial Disputes · Subchapter G. Judicial Proceedings · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 172.171 bars a court from intervening in a matter governed by the chapter except as the chapter or federal law provides.

Full Text of § 172.171

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A court may not intervene in a matter governed by this chapter except as provided by this chapter or federal law.
End

Plain-English Summary

The rule that defines the relationship between courts and international arbitration in Texas.

Non-intervention is the default. A court may not intervene in a matter governed by this chapter.

Two exceptions are named — as provided by this chapter, and as provided by federal law.

The chapter’s own openings are few and specific. Appointing arbitrators, deciding a challenge, deciding a termination, reviewing a preliminary jurisdiction ruling, assisting with evidence, consolidating arbitrations, staying court proceedings and granting interim measures.

Each of those is support rather than supervision. None of them lets a court review how the tribunal decided the dispute.

The federal exception is unavoidable. International awards are enforced under conventions implemented by federal statute, and a state rule could not shut that out.

Chapter 171’s Subchapter D is preserved by Section 172.001(d), so confirmation, vacatur and modification remain available as that subchapter provides.

Predictability is the point. Parties choosing a seat want to know what the local courts can do to their arbitration, and this section answers in one sentence.

Several court decisions under this chapter are unappealable by design — appointment, challenge, termination and preliminary jurisdiction — which carries the same policy further.

Frequently Asked Questions

Can a Texas court intervene in an international arbitration?

Only as this chapter or federal law provides.

What can a court do?

Appoint arbitrators, decide challenges and terminations, review a preliminary jurisdiction ruling, assist with evidence, consolidate arbitrations, stay court proceedings, grant interim measures, and act under the preserved provisions of Chapter 171.

Can a court review the merits of an award?

Not under this chapter. Review is limited to what the chapter and the preserved Chapter 171 provisions allow.

Amendment History

  • Added 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