Arbitration – Private Dispute Resolution In Lieu Of Public Court Litigation 

Virginia Arbitration - Only By Agreement

Uniform Arbitration Act

Virginia has adopted the Uniform Arbitration Act, Virginia Code § 8.01-581.01, et seq.  The act provides the court with power to compel or stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate.  § 8.01-581.02.

"related to" vs "arising out of"

An arbitration clause covering claims ‘relating to’ a contract is broader than a clause covering claims ‘arising out of’ a contract. McMullin v. Union Land & Mgmt. Co., 242 Va. 337, 341, 410 S.E.2d 636, 639 (1991).  Contracts between parties are subject to basic rules of interpretation. Tm Delmarva Power v. Ncp of Va., 263 Va. 116, 119, 557 S.E.2d 199, 200 (2002). In the absence of a clear agreement showing that the parties intended that the arbitrator decide questions of arbitrability, that question is to be resolved by the court. Waterfront Marine Constr. v. N. End 49ers Sandbridge Bulkhead Grps. a, 251 Va. 417, 427, 468 S.E.2d 894, 899 (1996) A party cannot be compelled to submit to arbitration unless he has first agreed to arbitrate. By the same token, he cannot be compelled to arbitrate a question which, under his agreement, is not arbitrable. And the resisting party is entitled to a pre-submission judicial determination of arbitrability. Doyle & Russell, Inc. v. Roanoke Hosp. Asso., 213 Va. 489, 494, 193 S.E.2d 662, 666 (1973). Nevertheless, an “arbitration award ‘must be construed liberally so as to uphold it, if possible.’” Howerin Residential Sales Corp. v. Century Realty of Tidewater, Inc., 235 Va. 174, 179, 365 S.E.2d 767, 770 (1988), (quoting Sydnor Pump & Well Co. v. County Sch. Bd., 182 Va. 156, 167, 28 S.E.2d 33, 37 (1943)).

Powers of Arbitrator:

The act empowers arbitrators to do the following:

    1. issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence,
    2. to administer oaths, and
    3. to permit a deposition to be taken and used for a witness that cannot be subpoenaed or is unable to attend the hearing. § 8.01-581.06.

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Richmond, Virginia 23219

804-783-2002

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Arbitrators may issue subpoena in Virginia

The enforcement of an arbitration subpoena of a witness or the production of evidence or to compel a person under subpoena to testify is obtained by application to the court by a party or the arbitrators pursuant to Va Code § 8.01-581.06.

§ 8.01-581.06. Witnesses, subpoenas, depositions.

  • The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. All provisions of law compelling a person under subpoena to testify are applicable.
  • On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken of a witness who cannot be subpoenaed or is unable to attend the hearing, in the manner and upon the terms designated by the arbitrators.
  • Fees for attendance as a witness shall be the same as for a witness in the circuit court.

Tom Roberts, Mediator and Arbitrator Axiom Mediation

  • Years of Experience in Federal and State Courts
  • Years of Experience in Commercial Disputes
  • Years of Experience as an Administrative Law Judge
  • Years of Experience in Mediation and Arbitration

For Arbitration in Virginia -Call 804-783-2000

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Arbitration – Private Dispute Resolution In Lieu Of Public Court Litigation – Only pursuant to the agreement of the parties.

Virginia has adopted the Uniform Arbitration Act, Virginia Code § 8.01-581.01, et seq.  The act provides the court with power to compel or stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate.  § 8.01-581.02. The act empowers arbitrators to issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, to administer oaths, and to permit a deposition to be taken and used for a witness that cannot be subpoenaed or is unable to attend the hearing. § 8.01-581.06. An arbitration clause covering claims ‘relating to’ a contract is broader than a clause covering claims ‘arising out of’ a contract. McMullin v. Union Land & Mgmt. Co., 242 Va. 337, 341, 410 S.E.2d 636, 639 (1991).  Contracts between parties are subject to basic rules of interpretation. Tm Delmarva Power v. Ncp of Va., 263 Va. 116, 119, 557 S.E.2d 199, 200 (2002). In the absence of a clear agreement showing that the parties intended that the arbitrator decide questions of arbitrability, that question is to be resolved by the court. Waterfront Marine Constr. v. N. End 49ers Sandbridge Bulkhead Grps. a, 251 Va. 417, 427, 468 S.E.2d 894, 899 (1996) A party cannot be compelled to submit to arbitration unless he has first agreed to arbitrate. By the same token, he cannot be compelled to arbitrate a question which, under his agreement, is not arbitrable. And the resisting party is entitled to a pre-submission judicial determination of arbitrability. Doyle & Russell, Inc. v. Roanoke Hosp. Asso., 213 Va. 489, 494, 193 S.E.2d 662, 666 (1973). Nevertheless, an “arbitration award ‘must be construed liberally so as to uphold it, if possible.'” Howerin Residential Sales Corp. v. Century Realty of Tidewater, Inc., 235 Va. 174, 179, 365 S.E.2d 767, 770 (1988), (quoting Sydnor Pump & Well Co. v. County Sch. Bd., 182 Va. 156, 167, 28 S.E.2d 33, 37 (1943)).

Tom Roberts, Arbitrator & Mediator
Axiom Mediation