Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 21. Arbitration and Award » Article 2. Uniform Arbitration Act
Virginia Code

Va. Code Ann. § 8.01-581.03 (2026)

Appointment of arbitrators by court; powers of arbitrators

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If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.

The powers of the arbitrators may be exercised by a majority, unless otherwise provided by the agreement or by this article.

1986, c. 614.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2005–2026 · leading case: Bates v. McQueen, 613 S.E.2d 566 (Va. 2005).
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Bates v. McQueen, 613 S.E.2d 566 (Va. 2005). “010(4), the circuit court may order a hearing before the original arbitrators or "their successors appointed in accordance with § 8.01-581.03." Code § 8.01-581.010(5). Reversed and remanded.”
Schuiling v. Harris, 286 Va. 187 (2013). · cites it 11× “In an accompanying memorandum, Schuiling stated that the 2 National Arbitration Forum (“NAF”) was no longer available to administer the arbitration and requested the circuit court to appoint a substitute arbitrator under Code § 8.01-581.03. Harris opposed the motion, arguing…”
Adroit Health Grp., LLC v. Darlene Reeves, No. 0095252 (Va. Ct. App. Mar. 3, 2026). · cites it 2× “§ 2 ; Code § 8.01-581.03. -5- No insurance contract delivered or issued for delivery in this Commonwealth and covering subjects which are located or residing in this Commonwealth, or which are performed in this Commonwealth shall contain any condition, stipulation or agreement .”
Erisman v. Axis Ins. Co., No. 7:24-cv-00875 (W.D. Va. June 5, 2025). “02(A)), appoint arbitrators (§ 8.01-581.03), enforce subpoenas (§ 8.01-581.”
Fink v. Colonial Home, L.L.C., 81 Va. Cir. 207 (Portsmouth Cir. Ct. 2010). “After considering the terms of § 8.01-581.03, it is obvious to the court that it is required to select arbitrators since the agreement fails to do so.”
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