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.
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.
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.
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.
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.
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]
Attach exhibit(s). |