This form, and the accompanying order at form 14-23, can be used to seek confirmation of an arbitration award in the form of a court judgment. See section 14.33 in this chapter for more information about confirmation of arbitration awards.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Application to Confirm Arbitration Award
Applicant applies to this Court for an order under Tex. Civ. Prac. & Rem. Code § 171.001–.098 and in support of this application shows:
1.Parties. [Name of applicant] is Applicant in this case. [Name of respondent] is Respondent in this case.
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Select the following if there is a proceeding pending in the court where this application is filed. |
2.Venue. This application is filed in this Court, as there is a proceeding pending in this cause that was referred to arbitration.
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Select the following if there is no pending proceeding, and the arbitration agreement provides that the hearing before the arbitrators is to be held in a specific county. |
2.Venue. This application is filed as an initial application in this county, as the agreement to arbitrate provides that the hearing before the arbitrators is to be held in this county.
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Select the following if there is no pending proceeding and the hearing before the arbitrators was held in this county. |
2.Venue. This application is filed as an initial application in this county, as the hearing before the arbitrators has been held in this county.
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Select the following if there is no pending proceeding, none of the previous conditions apply, and the adverse party resides in or has a place of business in this county. |
2.Venue. This application is filed as an initial application in the county in which the adverse party resides or has a place of business.
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Select the following if there is no pending proceeding, none of the previous conditions apply, and the adverse party does not reside in or have a place of business in Texas. |
2.Venue. This application is filed as an initial application in this county, as the adverse party does not have a residence or place of business in Texas.
3.Arbitration Agreement. On [date], [name of applicant] and [name of respondent] entered into a written agreement. In [paragraph/section] [number] of that agreement, the parties agreed to arbitrate [describe subject of arbitration provision]. A copy of the parties’ agreement is attached as Exhibit [exhibit number/letter] and incorporated herein by reference.
4.Facts. On [date], a controversy arose between Applicant and Respondent in that [describe controversy]. The arbitration agreement described above required the parties to arbitrate this controversy on the following issues: [specify issues].
5.Arbitration Proceedings. On [date], arbitration proceedings were held in accordance with the arbitration agreement and an award was made on [date]. A copy of that award is attached as Exhibit [exhibit number/letter] and incorporated herein by reference.
6.Conditions Precedent. All conditions precedent have been performed or have occurred.
WHEREFORE, Applicant requests that [Respondent be cited to appear and answer/notice of hearing be sent to Respondent] and this Court enter judgment that—
a.confirms the arbitration award; and
b.awards costs of suit to Applicant.
Date: [date]
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |