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§ 173.004.Common Law Preserved

Title 7. Alternate Methods of Dispute Resolution · Chapter 173. Arbitration of Certain Controversies Involving Members of Certain Nonprofit Entities · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 173.004 makes the chapter cumulative of other law on common law arbitration and provides that, except as specifically provided, it does not abrogate or repeal that law.

Full Text of § 173.004

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This chapter is cumulative of other law relating to common law arbitration. Except as specifically provided by this chapter, this chapter does not abrogate or repeal that other law.
End

Plain-English Summary

The savings clause, and the last section of the Civil Practice and Remedies Code.

The chapter is cumulative. It adds to the law relating to common law arbitration rather than replacing it.

Nothing else is abrogated or repealed, except as this chapter specifically provides.

What it specifically provides is one thing. Section 173.001 abrogates the rule against specific enforcement of an executory arbitration agreement, and the chapter goes no further.

The rest of common law arbitration survives intact. How such an arbitration is conducted, what an award means and how it is challenged remain matters of decisional law.

That is the difference from Chapter 171. The statutory chapter supplies a complete framework — appointment, hearing, award, confirmation, vacatur and appeal — while this one supplies enforceability alone.

Parties choosing common law arbitration are choosing that difference. They accept less statutory structure in exchange for a process of their own design.

The section also preserves alternatives. A nonprofit could write a Chapter 171 arbitration clause instead, and nothing here prevents it.

Ending the code on a savings clause is fitting. The Civil Practice and Remedies Code is a codification, and its last sentence declines to sweep away what it did not restate.

Frequently Asked Questions

Does this chapter replace common law arbitration rules?

No. It is cumulative, and except as specifically provided it does not abrogate or repeal other law.

What does it change?

It abrogates the rule against specific enforcement of an executory arbitration agreement.

Can a nonprofit use the statutory arbitration chapter instead?

Nothing in this chapter prevents it.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.03, 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