What is an interlocutory appeal?

An interlocutory appeal is an appeal made to a higher court during the course of ongoing arbitration in the state of Texas. Rather than waiting until a final judgement has been reached, an interlocutory appeal allows a party to dispute the current decision of the arbitrator, and seek review from a higher court. This allows a court to review a decision without waiting for the conclusion of the arbitration process. In Texas, interlocutory appeals are specifically governed by Texas Civil Practice and Remedies Code 36.001. This statute states that any party in an arbitration may file for an interlocutory appeal on any of the following grounds: A. an action or ruling of the arbitrator that cause a party to suffer substantial prejudice and would likely result in an incorrect judgment; or B. an order or ruling that is based on an incorrect interpretation of the law; or C. an action or ruling that otherwise affects a substantial right of a party. The filing of an interlocutory appeal does not stop or pause the arbitration process unless the higher court orders the appeal to be heard first. If the court decides to purely review the appeal without hearing any additional evidence, the arbitration process is not stopped. If the court decides to hear additional evidence from both parties, the arbitration is put on hold until the court renders a decision.

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