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.]

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.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

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]

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]