Chapter 25-4 Post-arbitration Proceedings

• Jurisdiction: United States

25-4 Post-arbitration Proceedings

A party may file suit to have their arbitration award confirmed as a Texas state court judgment.⁵² Conversely, a party may file suit seeking to vacate, modify or correct an arbitration award.

25-4:1 Confirmation of an Award

The pleading procedure to confirm an award is similar to the procedure to compel arbitration.

The application should:

• Show the jurisdiction of the court;
• Have attached a copy of the agreement to arbitrate;
• Define the issue subject to arbitration between the parties under the agreement;
• Specify the status of the arbitration before the arbitrators; and
• Show the need for the court order sought by the applicant.⁵³

Unless the adverse party offers grounds for vacating, modifying, or correcting the award, the trial court shall confirm the award.⁵⁴

25-4:2 Vacating an Award

A party seeking to vacate an arbitration award generally must make its application within 90 days of receiving the award, unless the grounds for vacating the award is based on corruption, fraud or other undue means, in which case the application must be made within 90 days of the date such grounds were discovered or should have been discovered.⁵⁵

There are four grounds for vacating an arbitration award. The grounds for vacating an arbitration award in the TAA are exhaustive. The Texas Supreme Court has held that "a party may avoid confirmation only by demonstrating a ground expressly listed in section 171.088 [of the TAA]."⁵⁶ The court may vacate the award if:

• The award was obtained by corruption, fraud or other undue means;
• The rights of a party were prejudiced by (a) evident partiality by an arbitrator appointed as a neutral arbitrator; (b) corruption in an arbitrator; or (c) misconduct or wilful misbehavior of an arbitrator;
• The arbitrators (a) exceeded their powers; (b) refused to postpone the hearing after a showing of sufficient cause for the postponement; or (c) refused to hear evidence material to the controversy; or (d) conducted the hearing, contrary to in a manner that substantially prejudiced the rights of a party; or
• There was no agreement to arbitrate, the issue was not adversely determined, and the party did not participate in the arbitration hearing without raising the objection.⁵⁷

If the court denies the application to vacate the award, and a motion to correct or modify is not pending, the court must confirm the award.⁵⁸ Where the court vacates the award, other than on grounds that there was no agreement...