{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.010.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.010.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.010.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.010.html"}],"law_id":74843,"edition_id":1,"section_id":74843,"structure_id":14369,"section_number":"8.01-581.010","catch_line":"Vacating an award","history":"1986, c. 614; 1998, c. 303.","full_text":"Upon application of a party, the court shall vacate an award where:\n\n1\n\nThe award was procured by corruption, fraud or other undue means;2\n\nThere was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;3\n\nThe arbitrators exceeded their powers;4\n\nThe arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of &#xA7; 8.01-581.04, in such a way as to substantially prejudice the rights of a party; or5\n\nThere was no arbitration agreement and the issue was not adversely determined in proceedings under &#xA7; 8.01-581.02 and the party did not participate in the arbitration hearing without raising the objection.\n\t\t\tThe fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.\n\t\t\tAn application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or reasonably should have been known. An application shall be made by filing a petition with the appropriate court within the prescribed time limits of this section, or by raising reasons supporting vacation in response to another party&#8217;s petition to confirm the award, provided that such response is filed within the prescribed time limits of this section.\n\t\t\tIn vacating the award on grounds other than that stated in subdivision 5, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with &#xA7; 8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3 and 4 the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with &#xA7; 8.01-581.03. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.\n\t\t\tIf the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.","order_by":null,"text":{"0":{"id":268916,"text":"Upon application of a party, the court shall vacate an award where:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":268917,"text":"The award was procured by corruption, fraud or other undue means;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":268918,"text":"There was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":268919,"text":"The arbitrators exceeded their powers;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":268920,"text":"The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of &#xA7; 8.01-581.04, in such a way as to substantially prejudice the rights of a party; or","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":268921,"text":"There was no arbitration agreement and the issue was not adversely determined in proceedings under &#xA7; 8.01-581.02 and the party did not participate in the arbitration hearing without raising the objection.\n\t\t\tThe fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.\n\t\t\tAn application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or reasonably should have been known. An application shall be made by filing a petition with the appropriate court within the prescribed time limits of this section, or by raising reasons supporting vacation in response to another party&#8217;s petition to confirm the award, provided that such response is filed within the prescribed time limits of this section.\n\t\t\tIn vacating the award on grounds other than that stated in subdivision 5, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with &#xA7; 8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3 and 4 the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with &#xA7; 8.01-581.03. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.\n\t\t\tIf the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":14369,"edition_id":1,"name":"Uniform Arbitration Act","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14368,"metadata":{},"date_created":"2026-06-26 03:47:54","date_modified":"2026-06-26 03:47:54","permalink":{"id":278829,"object_type":"structure","relational_id":14369,"identifier":"2","token":"8.01\/21\/2","url":"\/8.01\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14368,"edition_id":1,"name":"Arbitration and Award","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:54","date_modified":"2026-06-26 03:47:54","permalink":{"id":278813,"object_type":"structure","relational_id":14368,"identifier":"21","token":"8.01\/21","url":"\/8.01\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77939,"structure_id":14369,"section_number":"8.01-581.01","catch_line":"Validity of arbitration agreement","url":"\/8.01-581.01\/","token":"8.01\/21\/2\/8.01-581.01","metadata":false},{"id":74843,"structure_id":14369,"section_number":"8.01-581.010","catch_line":"Vacating an award","url":"\/8.01-581.010\/","token":"8.01\/21\/2\/8.01-581.010","metadata":false},{"id":68403,"structure_id":14369,"section_number":"8.01-581.011","catch_line":"Modification or correction of award","url":"\/8.01-581.011\/","token":"8.01\/21\/2\/8.01-581.011","metadata":false},{"id":63353,"structure_id":14369,"section_number":"8.01-581.012","catch_line":"Judgment or decree on award","url":"\/8.01-581.012\/","token":"8.01\/21\/2\/8.01-581.012","metadata":false},{"id":59986,"structure_id":14369,"section_number":"8.01-581.013","catch_line":"Applications to court","url":"\/8.01-581.013\/","token":"8.01\/21\/2\/8.01-581.013","metadata":false},{"id":81723,"structure_id":14369,"section_number":"8.01-581.014","catch_line":"Court; jurisdiction","url":"\/8.01-581.014\/","token":"8.01\/21\/2\/8.01-581.014","metadata":false},{"id":55694,"structure_id":14369,"section_number":"8.01-581.015","catch_line":"Venue","url":"\/8.01-581.015\/","token":"8.01\/21\/2\/8.01-581.015","metadata":false},{"id":75139,"structure_id":14369,"section_number":"8.01-581.016","catch_line":"Appeals","url":"\/8.01-581.016\/","token":"8.01\/21\/2\/8.01-581.016","metadata":false},{"id":56286,"structure_id":14369,"section_number":"8.01-581.02","catch_line":"Proceedings to compel or stay arbitration","url":"\/8.01-581.02\/","token":"8.01\/21\/2\/8.01-581.02","metadata":false},{"id":64033,"structure_id":14369,"section_number":"8.01-581.03","catch_line":"Appointment of arbitrators by court; powers of arbitrators","url":"\/8.01-581.03\/","token":"8.01\/21\/2\/8.01-581.03","metadata":false},{"id":87266,"structure_id":14369,"section_number":"8.01-581.04","catch_line":"Hearing","url":"\/8.01-581.04\/","token":"8.01\/21\/2\/8.01-581.04","metadata":false},{"id":70809,"structure_id":14369,"section_number":"8.01-581.05","catch_line":"Representation by attorney","url":"\/8.01-581.05\/","token":"8.01\/21\/2\/8.01-581.05","metadata":false},{"id":62287,"structure_id":14369,"section_number":"8.01-581.06","catch_line":"Witnesses, subpoenas, depositions","url":"\/8.01-581.06\/","token":"8.01\/21\/2\/8.01-581.06","metadata":false},{"id":66952,"structure_id":14369,"section_number":"8.01-581.07","catch_line":"Award; fees and expenses to be fixed","url":"\/8.01-581.07\/","token":"8.01\/21\/2\/8.01-581.07","metadata":false},{"id":78123,"structure_id":14369,"section_number":"8.01-581.08","catch_line":"Change of award by arbitrators","url":"\/8.01-581.08\/","token":"8.01\/21\/2\/8.01-581.08","metadata":false},{"id":65486,"structure_id":14369,"section_number":"8.01-581.09","catch_line":"Confirmation of an award","url":"\/8.01-581.09\/","token":"8.01\/21\/2\/8.01-581.09","metadata":false}],"previous_section":{"id":77939,"structure_id":14369,"section_number":"8.01-581.01","catch_line":"Validity of arbitration agreement","url":"\/8.01-581.01\/","token":"8.01\/21\/2\/8.01-581.01","metadata":false},"next_section":{"id":68403,"structure_id":14369,"section_number":"8.01-581.011","catch_line":"Modification or correction of award","url":"\/8.01-581.011\/","token":"8.01\/21\/2\/8.01-581.011","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.010\/","history_text":"<p>This law was first created in 1986. The record of its establishment is cataloged in chapter 614 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0303\">303<\/a>.<\/p>","references":[{"id":78123,"section_number":"8.01-581.08","catch_line":"Change of award by arbitrators","order_by":null,"url":"\/8.01-581.08\/"},{"id":65486,"section_number":"8.01-581.09","catch_line":"Confirmation of an award","order_by":null,"url":"\/8.01-581.09\/"}],"refers_to":[{"id":56286,"section_number":"8.01-581.02","catch_line":"Proceedings to compel or stay arbitration","order_by":null,"url":"\/8.01-581.02\/"},{"id":64033,"section_number":"8.01-581.03","catch_line":"Appointment of arbitrators by court; powers of arbitrators","order_by":null,"url":"\/8.01-581.03\/"},{"id":87266,"section_number":"8.01-581.04","catch_line":"Hearing","order_by":null,"url":"\/8.01-581.04\/"}],"permalink":{"id":278835,"object_type":"law","relational_id":74843,"identifier":"8.01-581.010","token":"8.01\/21\/2\/8.01-581.010","url":"\/8.01-581.010\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.010\/","token":"8.01\/21\/2\/8.01-581.010","dublin_core":{"Title":"Vacating an award","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.010","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Upon application of a <span class=\"dictionary\">party<\/span>, the <span class=\"dictionary\">court<\/span> shall vacate an award where:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> The award was procured by corruption, <span class=\"dictionary\">fraud<\/span> or other undue means; <a id=\"paragraph-268917\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.010\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> There was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of any <span class=\"dictionary\">party<\/span>; <a id=\"paragraph-268918\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.010\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> The arbitrators exceeded their powers; <a id=\"paragraph-268919\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.010\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> The arbitrators refused to postpone the <span class=\"dictionary\">hearing<\/span> upon sufficient cause being shown therefor or refused to hear <span class=\"dictionary\">evidence<\/span> <span class=\"dictionary\">material<\/span> to the controversy or otherwise so conducted the <span class=\"dictionary\">hearing<\/span>, contrary to the provisions of &#xA7; <a class=\"law\" title=\"Hearing\" href=\"\/8.01-581.04\/\">8.01-581.04<\/a>, in such a way as to substantially prejudice the rights of a <span class=\"dictionary\">party<\/span>; or <a id=\"paragraph-268920\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.010\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> There was no arbitration agreement and the <span class=\"dictionary\">issue<\/span> was not adversely determined in proceedings under &#xA7; <a class=\"law\" title=\"Proceedings to compel or stay arbitration\" href=\"\/8.01-581.02\/\">8.01-581.02<\/a> and the <span class=\"dictionary\">party<\/span> did not participate in the arbitration <span class=\"dictionary\">hearing<\/span> without raising the objection.\n\t\t\tThe <span class=\"dictionary\">fact<\/span> that the relief was such that it could not or would not be granted by a <span class=\"dictionary\">court<\/span> of <span class=\"dictionary\">law<\/span> or <span class=\"dictionary\">equity<\/span> is not grounds for vacating or refusing to confirm the award.\n\t\t\tAn application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, <span class=\"dictionary\">fraud<\/span> or other undue means, it shall be made within ninety days after such grounds are known or reasonably should have been known. An application shall be made by filing a <span class=\"dictionary\">petition<\/span> with the appropriate <span class=\"dictionary\">court<\/span> within the prescribed time limits of this section, or by raising reasons supporting vacation in response to another <span class=\"dictionary\">party<\/span>&#8217;s <span class=\"dictionary\">petition<\/span> to confirm the award, provided that such response is filed within the prescribed time limits of this section.\n\t\t\tIn vacating the award on grounds other than that stated in subdivision 5, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the <span class=\"dictionary\">court<\/span> in accordance with &#xA7; <a class=\"law\" title=\"Appointment of arbitrators by court; powers of arbitrators\" href=\"\/8.01-581.03\/\">8.01-581.03<\/a>. If the award is vacated on grounds set forth in subdivisions 3 and 4 the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> a rehearing before the arbitrators who made the award or their successors appointed in accordance with &#xA7; <a class=\"law\" title=\"Appointment of arbitrators by court; powers of arbitrators\" href=\"\/8.01-581.03\/\">8.01-581.03<\/a>. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the <span class=\"dictionary\">order<\/span>.\n\t\t\tIf the application to vacate is denied and no <span class=\"dictionary\">motion<\/span> to modify or correct the award is pending, the <span class=\"dictionary\">court<\/span> shall confirm the award. <a id=\"paragraph-268921\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.010\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nVACATING AN AWARD (\u00a7 8.01-581.010)\n\nUpon application of a party, the court shall vacate an award where:\n\n1. The award was procured by corruption, fraud or other undue means;\n\n2. There was evident partiality by an arbitrator appointed as a neutral,\ncorruption in any of the arbitrators, or misconduct prejudicing the rights of\nany party;\n\n3. The arbitrators exceeded their powers;\n\n4. The arbitrators refused to postpone the hearing upon sufficient cause being\nshown therefor or refused to hear evidence material to the controversy or\notherwise so conducted the hearing, contrary to the provisions of &#xA7;\n8.01-581.04, in such a way as to substantially prejudice the rights of a party;\nor\n\n5. There was no arbitration agreement and the issue was not adversely determined\nin proceedings under &#xA7; 8.01-581.02 and the party did not participate in the\narbitration hearing without raising the objection.\n\t\t\tThe fact that the relief was such that it could not or would not be granted\nby a court of law or equity is not grounds for vacating or refusing to confirm\nthe award.\n\t\t\tAn application under this section shall be made within ninety days after\ndelivery of a copy of the award to the applicant, except that, if predicated\nupon corruption, fraud or other undue means, it shall be made within ninety days\nafter such grounds are known or reasonably should have been known. An\napplication shall be made by filing a petition with the appropriate court within\nthe prescribed time limits of this section, or by raising reasons supporting\nvacation in response to another party&#8217;s petition to confirm the award,\nprovided that such response is filed within the prescribed time limits of this\nsection.\n\t\t\tIn vacating the award on grounds other than that stated in subdivision 5, the\ncourt may order a rehearing before new arbitrators chosen as provided in the\nagreement, or in the absence thereof, by the court in accordance with &#xA7;\n8.01-581.03. If the award is vacated on grounds set forth in subdivisions 3 and\n4 the court may order a rehearing before the arbitrators who made the award or\ntheir successors appointed in accordance with &#xA7; 8.01-581.03. The time\nwithin which the agreement requires the award to be made is applicable to the\nrehearing and commences from the date of the order.\n\t\t\tIf the application to vacate is denied and no motion to modify or correct the\naward is pending, the court shall confirm the award.\n\nHISTORY: 1986, c. 614; 1998, c. 303.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}