APPOINTMENT BY COURT

(a) On request of a party, the district court or division of the business court of the county in which the place of arbitration is located shall appoint each arbitrator if: (1) an agreement is not made under Section 172.053(a) in an arbitration with a sole arbitrator and the parties fail to agree on the arbitrator; or (2) the appointment procedure in Section 172.053(b) applies and: (A) a party fails to appoint an arbitrator not later than the 30th day after the date of receipt of a request to do so from the other party; or (B) the two appointed arbitrators fail to agree on the third arbitrator not later than the 30th day after the date of their appointment. (b) On request of a party, the district court or division of the business court of the county in which the place of arbitration is located may take necessary measures if under an appointment procedure agreed to by each party: (1) a party fails to act as required under that procedure; (2) the parties or two appointed arbitrators fail to reach an agreement expected of them under that procedure; or (3) a third party, including an institution, fails to perform a function assigned to the party under that procedure. (c) Subsection (b) does not apply if the agreement on the appointment procedure provides other means for securing the appointment. (d) A decision of the court under this section is final and not subject to appeal.