Is there an appeals process for a motion to compel, stay or vacate an arbitration award?
Yes, there is an appeals process for a motion to compel, stay or vacate an arbitration award in Texas. A motion to compel is an attempt to force a party to agree to arbitration, while a motion to stay is an attempt to suspend arbitration proceedings and a motion to vacate is an attempt to invalidate an arbitration award. When a party makes a motion to compel, stay or vacate an arbitration award, they typically do so through a motion to the court. If the court denies the motion, the party can appeal the decision to a higher court. This is referred to as an interlocutory appeal. In Texas, an interlocutory appeal is allowed when the court’s order affects a substantial right of a party and the order should be reviewed immediately. After the motion is denied, the appealing party must file a notice of appeal with the court and must also file a statement of facts. A brief must also be filed with the court. The appeal is heard by a panel of judges and a decision is made regarding the motion. The court can grant the motion, deny the motion or modify the award. If the court denies the motion, the appealing party can file a petition for a writ of mandamus with the court of appeals. The writ of mandamus would ask the court to review the original motion and make a decision.
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