Sec. 172.054. APPOINTMENT BY COURT. (a) On request of a party, the district court of the county in which the place of arbitration is located shall appoint each arbitrator if:
(1) an agreement is not made under Section 172.053(a) in an arbitration with a sole arbitrator and the parties fail to agree on the arbitrator; or
(2) the appointment procedure in Section 172.053(b) applies and:
(A) a party fails to appoint an arbitrator not later than the 30th day after the date of receipt of a request to do so from the other party; or
(B) the two appointed arbitrators fail to agree on the third arbitrator not later than the 30th day after the date of their appointment.
(b) On request of a party, the district court of the county in which the place of arbitration is located may take necessary measures if under an appointment procedure agreed to by each party:
(1) a party fails to act as required under that procedure;
(2) the parties or two appointed arbitrators fail to reach an agreement expected of them under that procedure; or
(3) a third party, including an institution, fails to perform a function assigned to the party under that procedure.
(c) Subsection (b) does not apply if the agreement on the appointment procedure provides other means for securing the appointment.
(d) A decision of the district court under this section is final and not subject to appeal.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
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