• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Texas Arbitration Claim - Treble Clause

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I am an independent sales rep in Texas with my own rep company. I have filed for arbitration against my only real customer for non-payment of invoices.

According to Tex. Bus. & Comm. Code §35.81, et. seq. (Vernon 1995) (the “Act”) I am due treble damages.

35.84 of the Act provides:
A principal who fails to comply with a provision of a contract under Section 35.82 relating to payment of a commission or fails to pay a commission as required by Section 35.83 is liable to the sales representative in a civil action for three times the unpaid commission sustained by the sales representative plus reasonable attorney's fees and costs.

My question is: My attoney has advised me that this is typically used as a deterrent and to promote settlement outside of arbitration and that if we actually go to arbitration, it is highly unlikely the arbitrator would enforce this.

Do you think an arbitrator would be reluctant to provide treble damages or is my attorney just pushing for an easy, quick settlement?

Any help would be GREATLY appreciated!

J.D. Bryant



Bump. Does anyone have an opinion on this? I could really use some advise.

Appreciate it!


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential