The Purpose of the Texas General Arbitration Act
The Texas Legislature has directed that the Texas General Arbitration Act "shall be construed to effect its purpose and make uniform the construction of other states' law applicable to an arbitration," TEX. CIV. PRAC. & REM. CODE 171.003, the Court reviewed other jurisdictions' approach in more detail.
In New York, for example, when a contractor commences a foreclosure action and the contract provides for arbitration, the defendant can move to stay the foreclosure action and compel arbitration of the amount claimed under the contract. See A. Burgart, Inc. v. Foster-Lipkins Corp., 63 Misc. 2d 930, 313 N.Y.S.2d 831, 832 (N.Y. Sup. Ct. 1970), aff'd, 38 A.D.2d 779, 328 N.Y.S.2d 856 (N.Y. App. Div.), aff'd, 30 N.Y.2d 901, 287 N.E.2d 269, 335 N.Y.S.2d 562 (N.Y. 1972); May v. New Amsterdam Cas. Co., 270 A.D. 472, 60 N.Y.S.2d 613, 614 (N.Y. App. Div. 1946).
If an arbitration award is handed down and enforcement of that award is necessary, the contractor moves to vacate the stay in court and proceeds against the defendant to enforce the lien. See May, 60 N.Y.S.2d at 615.
The court then uses the amount of the award as the basis of the lien. Id.
Maryland takes a somewhat different approach, but with the same effect as New York's.
After a party has filed a petition to establish a mechanic's lien, Maryland requires the court to make a preliminary determination of whether a lien should attach. See Caretti, Inc. v. Colonnade L.P., 104 Md. App. 131, 655 A.2d 64, 66