Failure Or Impossibility To Act

Sec. 172.061. FAILURE OR IMPOSSIBILITY TO ACT. (a) The mandate of an arbitrator terminates if the arbitrator: (1) is unable to perform the arbitrator's functions or for another reason fails to act without undue delay; and (2) withdraws from office or each party agrees to the termination. (b) If there is a controversy concerning the termination of the arbitrator's mandate under Subsection (a), a party may request the district court or the division of the business court of the county in which the place of arbitration is located to decide the termination. The decision of the court is not subject to appeal. Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 37, eff. September 1, 2025.