How do I challenge the jurisdiction of an arbitrator?

In Texas, challenging the jurisdiction of an arbitrator must be done according to the Texas Arbitration Act. Under this law, parties to arbitration must agree to arbitration in writing. Either party can then challenge the jurisdiction of the arbitrator in their response to the arbitration hearing if they feel that the arbitrator lacks jurisdiction over the dispute. Challenges must be made in a timely manner to ensure that they are properly considered. The party challenging the jurisdiction must prove that any awards made by the arbitrator are invalid due to the lack of jurisdiction. They must provide evidence demonstrating that the arbitrator is not properly qualified or that the parties did not actually agree to arbitration in writing. It is also possible to prove that the dispute involved is outside the scope of the arbitration agreement. If the arbitrator denies the challenge, the challenging party can file a motion to vacate the award. This motion must be filed in the court of the county in which the arbitration was held. The court will review the evidence and decide whether or not the arbitrator lacked the proper jurisdiction. If the court finds that the arbitrator did not have jurisdiction, the decision or award will be vacated.

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