Wednesday, October 31, 2012

DISPUTE RESOLUTION  TEXAS  CODE

171.086 ORDER THAT MAYBE RENDERED


(a) BEFORE ARBITRATION PROCEEDINGS BEGIN, IN SUPPORT OF ARBITRATION A PARTY MAY FILE AN APPLICATION FOR A COURT ORDER, INCLUDING AN ORDER TO:
      (1) INVOKE THE JURISDICTION OF THE COURT OVER THE ADVERSE PARTY AND
EFFECT THAT JURISDICTION BY SERVICE OF PROCESS ON THE PARTY BEFORE ARBITRATION PROCEEDINGS BEGIN;
      (2) INVOKE THE JURISDICTION OF THE COURT OVER AN ANCILLARY PROCEEDING IN REM, INCLUDING BY ATTACHMENT, GARNISHMENT, OR SEQUESTRATION, THE MANNER AND SUBJECT TO THE CONDITIONS UNDER WHICH THE PROCEEDING MAY BE INSTITUTED AND THE CONDUCTED ANCILLARY TO A CIVIL ACTION IN A DISTRICT COURT;
      (3) RESTRAIN OR ENJOIN:
           (A) THE DESTRUCTION OF ALL OR AN ESSENTIAL PART OF THE SUBJECT MATTER OF CONTROVERSY; OR
            (B) THE DESTRUCTION OR ALTERATION OF BOOKS, RECORDS, DOCUMENTS, OR OTHER EVIDENCE NEEDED FOR ARBITRATION;
      (4) OBTAIN FROM THE COURT IN ITS DISCRETION AN ORDER FOR A DEPOSITION FOR DISCOVERY, PERPETUATION OF TESTIMONY, OR EVIDENCE NEEDED BEFORE THE ARBITRATION PROCEEDINGS BEGIN;
      (5) APPOINT ONE OR MORE ARBITRATORS SO THAT AN ARBITRATION UNDER THE AGREEMENT TO ARBITRATE MAY PROCEED; OR
      (6) OBTAIN OTHER RELIEF, WHICH THE COURT CAN GRANT IN ITS DISCRETION 
NEEDED TO PERMIT THE ARBITRATION TO BE CONDUCTED IN AN ORDERLY MANNER AND TO PREVENT IMPROPER INTERFERENCE OR DELAY OF THE ARBITRATION.
 (b) DURING THE PERIOD OF ARBITRATION IS PENDING BEFORE THE ARBITRATORS OR AT OR AFTER THE CONCLUSION OF ARBITRATION, A PARTY MAY FILE AN APPLICATION FOR A COURT ORDER, INCLUDING AN ORDER:
     (1) THAT WAS REFERRED TO OR THAT WOULD SERVE A PURPOSE REFERRED TO IN SUBSECTION(a);
      (2) TO REQUIRE COMPLIANCE BY AN ADVERSE PARTY OR ANY WITNESS WITH AN ORDER MADE UNDER THIS CHAPTER BY THE ARBITRATORS DURING THE ARBITRATION;
      (3) TO REQUIRE THE ISSUANCE AND SERVICE UNDER COURT ORDER, RATHER THAN UNDER THE ARBITRATORS' ORDER, OF A SUBPEONA, NOTICE, OR OTHER COURT PROCESS:
      (4) TO REQUIRE SECURITY FOR SATISFACTION OF A COURT JUDGMENT THAT MAY LATER ENTERED UNDER AN AWARD;
      (5) TO SUPPORT THE ENFORCEMENT OF A COURT ORDER ENTERRED UNDER THIS CHAPTER; OR
      (6) TO OBTAIN RELIEF UNDER SECTION 171.087, 171.088, 171.089 OR 171.091
(C) A COURT MAY NOT REQUIRE AN APPLICANT FOR AN ORDER UNDER SUBSECTION (A)(1) TO SHOW THAT ADVERSE PARTY IS ABOUT TO, OR MAY , LEAVE THE STATE IF JURISDICTION OVER THAT PARTY IS NOT EFFECTED BY SERVICE OF PROCESS BEFORE THE ARBITRATION PROCEEDINGS BEGIN.
              



































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