Form 18-44

This form is to be used to vacate an arbitration award. If the award was made in a case that is already pending, the pleading would be a motion and the filing party a movant. If there is not a pending action, the pleading would be a petition and the filing party a petitioner.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

[Petition/Motion] to Vacate Arbitration Award

[Petitioner/Movant], [name of petitioner or movant], files this [Petition/Motion] to Vacate Arbitration Award. In support, [Petitioner/Movant] shows:

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.[The last three numbers of [name of petitioner]’s driver’s license number are [numbers]./[Name of petitioner] has not been issued a driver’s license.] [The last three num­bers of [name of petitioner]’s Social Security number are [numbers]./[Name of petitioner] has not been issued a Social Security number.]

3.Movant is the [petitioner/respondent] in this case. [Name] is the [respondent/petitioner].

3.Respondent, [name], should be served with process [include if applicable: at [address, city, state, zip code]].

3.No service on [name], Respondent, is necessary at this time.

4.The parties proceeded to arbitration in this cause [by agreement/as ordered by the Court on [date]]. On [date] the arbitrator made the award, a copy of which is attached to this [petition/motion] as Exhibit [exhibit number/letter].

5.The arbitration award should be vacated for the following reasons:

a.the award was obtained by corruption, fraud, or other undue means;

b.the rights of a party were prejudiced by—

i.evident partiality by an arbitrator appointed as a neutral arbitrator;

ii.corruption in an arbitrator; or

iii.misconduct or willful misbehavior of an arbitrator;

c.the arbitrator—

i.exceeded [his/her] powers;

ii.refused to postpone the hearing after a showing of sufficient cause for the postponement;

iii.refused to hear evidence material to the controversy; or

iv.conducted the hearing, contrary to Civil Practice and Remedies Code section 171.043, 171.044, 171.045, 171.046, or 171.047, in a manner that substantially prejudiced the rights of a party;

d.there was no agreement to arbitrate, the issue was not adversely determined in a proceeding under Civil Practice and Remedies Code section 171.021 et seq., and the party did not participate in the arbitration hearing without rais­ing the objection; or

e.the award is not in the best interests of the child[ren] because: [specify rea­sons].

6.[Petitioner/Movant] prays that, on hearing, the Court vacate the arbitration award [include if applicable: and refer the matter back to [the arbitrator/a different arbitrator] for redetermination]. [Include if applicable: Petitioner prays that citation and notice issue as required by law.] [Name of petitioner or movant] prays for general relief.

   
[Name]
Attorney for [name of petitioner or movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Certificate of Conference

A telephone conference was attempted on [date] with [name], the attorney for the opposing party, on the merits of this motion. Agreement could not be reached; therefore, the motion is presented to the Court for a determination.

   
[Name]
Attorney for [name of movant]