Virginia Code

Va. Code Ann. § 8.01-581.02 (2026)

Proceedings to compel or stay arbitration

✓ current as of May 2026

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A. On application of a party showing an agreement described in § 8.01-581.01, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. However, if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue of the existence of an agreement and shall order arbitration only if found for the moving party.

B. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

C. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection A of this section, the application shall be made therein. Otherwise, subject to § 8.01-581.015, the application may be made in any court of competent jurisdiction.

D. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section. However, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include the stay.

E. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.

1986, c. 614.

Notes of Decisions

Cited in 50 cases (7 in the last 5 years), 1988–2026 · leading case: Waterfront Marine Constr., Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B & C, 468 S.E.2d 894 (Va. 1996).

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Waterfront Marine Constr., Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B & C, 468 S.E.2d 894 (Va. 1996). · cites it 6× “The 49ers maintain that Code § 8.01-581.02(B) restricts the trial court’s role to considering only whether there is an agreement to arbitrate and that, in the absence of a specific agreement to the contrary, the arbitrators have the authority to resolve the issue of…”

MISSION RES. v. Triple Net Props., 654 S.E.2d 888 (Va. 2008). · cites it 4× “This is an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code § 8.01-581.02(B). Facts and Proceedings The facts are not in dispute.”

Trs. of Asbury United Methodist Church v. Taylor & Parrish, Inc., 452 S.E.2d 847 (Va. 1995). · cites it 4× “Taylor replied to the declaratory judgment action by seeking an order compelling arbitration, pursuant to Code § 8.01-581.02(A). The trial court ordered the parties to arbitrate, ruling that the arbitration clause was broad enough to encompass the parties’ dispute regarding the…”

Weitz v. Hudson, 546 S.E.2d 732 (Va. 2001). · cites it 5× “016 authorizes an appeal from “[an] order denying an application to compel arbitration made under § 8.01-581.02.” 2 Leesburg Manor originally bad two other general partners.”

Phillips v. Mazyck, 643 S.E.2d 172 (Va. 2007). · cites it 2× “As an alternative to the relief sought in her plea in bar, Mazyck subsequently moved the circuit court to stay the proceedings and compel the parties to proceed to arbitration pursuant to Code § 8.01-581.02. Prior to a hearing on Mazyck's plea in bar, Mazyck deposed Phillips'…”

McMullin v. Union Land & Mgmt. Co., 410 S.E.2d 636 (Va. 1991). · cites it 4× “” Relying upon Code § 8.01-581.02(B), Union filed an application for a permanent stay of arbitration of the counterclaim upon the ground that the arbitration agreement did not cover the issues raised in the counterclaim.”

Vollmar v. CSX Transp., Inc., 705 F. Supp. 1154 (E.D. Va. 1989). · cites it 3× “5001 (West 1987); Va.Code § 8.01-581.02 (1984). 48 . CSXT argues that plaintiffs’ claims must be dismissed because they failed to follow the administrative procedures required by the collective bargaining agreements for filing grievances.”

Amchem Prods., Inc. v. Newport News Circuit Court Asbestos Cases, 563 S.E.2d 739 (Va. 2002). · cites it 2× “” Code § 8.01-581.02 confers upon a circuit court the power to compel or stay arbitration proceedings.”

Seguin v. Northrop Grumman Sys. Corp., 672 S.E.2d 877 (Va. 2009). · cites it 2× “Code § 8.01-581.02(A) provides that "if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue of the existence of an agreement and shall order arbitration only if found for the moving party.”

SIGNAL Corp. v. Keane Fed. Sys., Inc., 574 S.E.2d 253 (Va. 2003). “There was no arbitration agreement and the issue was not adversely determined in proceedings under § 8.01-581.02 and the party did not participate in the arbitration hearing without raising the objection.”

Marks v. Marks, 548 S.E.2d 919 (Va. Ct. App. 2001). · cites it 3× “There was no arbitration agreement and the issue was not adversely determined in proceedings under § 8.01-581.02 and the party did not participate in the arbitration hearing without raising the objection.”

Piland Corp. v. League Const. Co., Inc., 380 S.E.2d 652 (Va. 1989). · cites it 2× “Here, Article 10 of the subcontract, appended to League’s motion for declaratory judgment, required all disputes to be decided by arbitration and Piland clearly requested arbitration and a stay in paragraph 11 of its answer.”

Show all 50 citing cases →

— Va. Code Ann. § 8.01-581.02(6) — 1 case

Trs. of Asbury United Methodist Church v. Taylor & Parrish, Inc., 26 Va. Cir. 18 (Chesterfield Cir. Ct. 1991).

— Va. Code Ann. § 8.01-581.02(A) — 17 cases

Trs. of Asbury United Methodist Church v. Taylor & Parrish, Inc., 452 S.E.2d 847 (Va. 1995). “Taylor replied to the declaratory judgment action by seeking an order compelling arbitration, pursuant to Code § 8.01-581.02(A). The trial court ordered the parties to arbitrate, ruling that the arbitration clause was broad enough to encompass the parties’ dispute regarding the…”

Weitz v. Hudson, 546 S.E.2d 732 (Va. 2001). “016 authorizes an appeal from “[an] order denying an application to compel arbitration made under § 8.01-581.02.” 2 Leesburg Manor originally bad two other general partners.”

Seguin v. Northrop Grumman Sys. Corp., 672 S.E.2d 877 (Va. 2009). “Code § 8.01-581.02(A) provides that "if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue of the existence of an agreement and shall order arbitration only if found for the moving party.”

Piland Corp. v. League Const. Co., Inc., 380 S.E.2d 652 (Va. 1989). “Here, Article 10 of the subcontract, appended to League’s motion for declaratory judgment, required all disputes to be decided by arbitration and Piland clearly requested arbitration and a stay in paragraph 11 of its answer.”

Bramow v. Toll VA, L.P., 67 Va. Cir. 56 (Loudoun Cir. Ct. 2005).

— Va. Code Ann. § 8.01-581.02(B) — 8 cases

Waterfront Marine Constr., Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B & C, 468 S.E.2d 894 (Va. 1996). “The 49ers maintain that Code § 8.01-581.02(B) restricts the trial court’s role to considering only whether there is an agreement to arbitrate and that, in the absence of a specific agreement to the contrary, the arbitrators have the authority to resolve the issue of…”

MISSION RES. v. Triple Net Props., 654 S.E.2d 888 (Va. 2008). “This is an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code § 8.01-581.02(B). Facts and Proceedings The facts are not in dispute.”

McMullin v. Union Land & Mgmt. Co., 410 S.E.2d 636 (Va. 1991). “” Relying upon Code § 8.01-581.02(B), Union filed an application for a permanent stay of arbitration of the counterclaim upon the ground that the arbitration agreement did not cover the issues raised in the counterclaim.”

Brooks & Co. Gen. Contractors, Inc. v. Randy Robinson Contracting, Inc., 513 S.E.2d 858 (Va. 1999).

Kay Jennings Fam., L.P. v. Damn, L.L.C., 71 Va. Cir. 348 (Fairfax Cir. Ct. 2006).

— Va. Code Ann. § 8.01-581.02(D) — 3 cases

Decisive Analytics Corp. v. Chikar, 75 Va. Cir. 337 (Fairfax Cir. Ct. 2008).

Alexandria Redev. & Hous. Auth. v. Walker (Va. 2015).

Joyner's Mech., Inc. v. Miller, 85 Va. Cir. 80 (Chesapeake Cir. Ct. 2012).

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