{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.02.html"}],"law_id":56286,"edition_id":1,"section_id":56286,"structure_id":14369,"section_number":"8.01-581.02","catch_line":"Proceedings to compel or stay arbitration","history":"1986, c. 614.","full_text":"A\n\nOn 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\n\nOn 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\n\nIf 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\n\nAny 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\n\nAn 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.","order_by":null,"text":{"0":{"id":206145,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206146,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206147,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206148,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206149,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.02\/","history_text":"

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.<\/p>","references":[{"id":74843,"section_number":"8.01-581.010","catch_line":"Vacating an award","order_by":null,"url":"\/8.01-581.010\/"},{"id":75139,"section_number":"8.01-581.016","catch_line":"Appeals","order_by":null,"url":"\/8.01-581.016\/"}],"refers_to":[{"id":77939,"section_number":"8.01-581.01","catch_line":"Validity of arbitration agreement","order_by":null,"url":"\/8.01-581.01\/"},{"id":55694,"section_number":"8.01-581.015","catch_line":"Venue","order_by":null,"url":"\/8.01-581.015\/"}],"permalink":{"id":278863,"object_type":"law","relational_id":56286,"identifier":"8.01-581.02","token":"8.01\/21\/2\/8.01-581.02","url":"\/8.01-581.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.02\/","token":"8.01\/21\/2\/8.01-581.02","dublin_core":{"Title":"Proceedings to compel or stay arbitration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On application of a party<\/span> showing an agreement described in § 8.01-581.01<\/a>, and the opposing party<\/span>’s refusal to arbitrate, the court<\/span> shall order<\/span> the parties to proceed with arbitration. However, if the opposing party<\/span> denies the existence of the agreement to arbitrate, the court<\/span> shall proceed summarily to the determination of the issue<\/span> of the existence of an agreement and shall order<\/span> arbitration only if found for the moving party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

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

E.<\/span> An order<\/span> for arbitration shall not be refused on the ground that the claim in issue<\/span> lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS TO COMPEL OR STAY ARBITRATION (\u00a7 8.01-581.02)\n\nA. On application of a party showing an agreement described in §\n8.01-581.01, and the opposing party’s refusal to arbitrate, the court\nshall order the parties to proceed with arbitration. However, if the opposing\nparty denies the existence of the agreement to arbitrate, the court shall\nproceed summarily to the determination of the issue of the existence of an\nagreement and shall order arbitration only if found for the moving party.\n\nB. On application, the court may stay an arbitration proceeding commenced or\nthreatened on a showing that there is no agreement to arbitrate. Such an issue,\nwhen in substantial and bona fide dispute, shall be forthwith and summarily\ntried and the stay ordered if found for the moving party. If found for the\nopposing party, the court shall order the parties to proceed to arbitration.\n\nC. If an issue referable to arbitration under the alleged agreement is involved\nin an action or proceeding pending in a court having jurisdiction to hear\napplications under subsection A of this section, the application shall be made\ntherein. Otherwise, subject to § 8.01-581.015, the application may be made\nin any court of competent jurisdiction.\n\nD. Any action or proceeding involving an issue subject to arbitration shall be\nstayed if an order for arbitration or an application therefor has been made\nunder this section. However, if the issue is severable, the stay may be with\nrespect thereto only. When the application is made in such action or proceeding,\nthe order for arbitration shall include the stay.\n\nE. An order for arbitration shall not be refused on the ground that the claim in\nissue lacks merit or bona fides or because any fault or grounds for the claim\nsought to be arbitrated have not been shown.\n\nHISTORY: 1986, c. 614.","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}}