Motion to Confirm Arbitration Award in Texas

What Is a Motion to Confirm Arbitration Award?

The Texas Arbitration Act allows state courts to "confirm" an arbitrator's award. (Tex. Civ. Prac. & Rem. Code § 171.087.) The court, upon application of a party, "shall confirm the award" unless "grounds are offered for vacating, modifying, or correcting an award." (Id. § 171.087.) The FAA authorizes courts, upon application by a party, to confirm awards, and vacate, modify or correct awards. (See 9 U.S.C. § 1, et seq.)

How to Structure the Motion

An applicant for a court order may file the application before the arbitration proceedings begin, during the period the arbitration is pending, or after the conclusion of the arbitration. (Tex. Civ. Prac. & Rem. Code § 171.083.) Unless grounds are offered for vacating, modifying or correcting an award under Section 171.088 or 171.091, a court, on application of a party, shall confirm the arbitration award. (Id. § 171.087.)

The court requires that the motion include:

a statement of jurisdictional subject matter of this action pursuant to sections 171.081 and 171.096(c) of the Texas Civil Practice & Remedies Code
a statement validating that Venue is proper pursuant to Chapters 15 and 171 of the Texas Civil Practice & Remedies Code,
a copy of the agreement to arbitrate,
a statement of the issues arbitrated by the parties,
a statement of the status of the arbitration before the arbitrators, and
a proposed court order by the applicant to be signed by the judge pursuant to Texas Civil Practice and Remedies Code Section 171.092.

(Id. § 171.085.)

The Court’s Decision

Once the application is made, the "court shall confirm the award unless grounds are offered for vacating, modifying, or correcting an award." (Id. § 171.087.) If the court confirms the award, "the court shall enter a judgment or decree conforming to the order." (Id. § 171.092(a).) "The judgment or decree may be enforced in the same manner as any other judgement or decree." (Id. § 171.092(a).)

A judicially created reason to set aside an arbitration award exists when an award violates public policy, is based upon a manifest disregard of the law, or the arbitrators did not conduct a fundamentally fair hearing. (Denver & Rio Grande W. R.R. Co. v. Union Pac. R.R. Co.(1997) 119 F.3d 847, 849.) If an arbitration award is not vacated, modified or corrected, the award must be confirmed.(9 U.S.C. § 9; P & P Indus., Inc. v. Sutter Corp.(1999) 179 F.3d 861, 870.)

Documents for Motion to Confirm Arbitration Award in Texas

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CHRIS DELLINGES vs. SUSAN KAY HALL CASSADY, et al document preview

MOTION TO EXCLUDE IMPROPER OPINIONOF EXPERT ERIC VAN IDERSTINE - Motion - …

197 pages

FILED 3/14/2024 10:11 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS …

Motion to Confirm Arbitration Award in Texas

What Is a Motion to Confirm Arbitration Award?

How to Structure the Motion

The Court’s Decision

Documents for Motion to Confirm Arbitration Award in Texas

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