0 - Alternative Dispute Resolution Methods Flashcards
(22 cards)
What act has Virginia adopted regarding arbitration?
The Uniform Arbitration Act (1955)
Virginia has not adopted the Revised Uniform Arbitration Act, released in 2000.
What is the nature of an arbitration agreement in Virginia?
It is valid, enforceable, and irrevocable, except upon grounds for revocation of a contract.
§ 8.01-581.01.
Who determines the scope of an arbitration agreement when it does not specify arbitrability?
The court determines the scope of the arbitration agreement.
Waterfront Marine Constr., Inc. v. N. End 49ers Sandbridge Bulkhead Grps. A, B & C, 468 S.E.2d 894 (Va. 1996).
What can a party do if another party refuses to arbitrate?
Apply to a trial court for an order to compel arbitration.
§§ 8.01-581.02, 16.1-77(8).
What must the court determine if a party denies the existence of an arbitration agreement?
The court must determine whether an arbitration agreement exists.
How are arbitrators selected if the arbitration agreement does not specify a method?
A party can apply to the court for the appointment of an arbitrator.
§ 8.01-581.03.
What powers do arbitrators generally have?
The powers may be exercised by a majority unless the agreement provides otherwise.
§ 8.01-581.03.
What rights do parties have at an arbitration hearing?
Each party is entitled to be heard, present evidence, and cross-examine witnesses.
§ 8.01-581.04.
Can parties be represented by an attorney at the hearing?
Yes, parties have the right to be represented by an attorney.
A waiver of this right before the hearing or proceeding is ineffective. § 8.01-581.05.
What authority do arbitrators have regarding subpoenas?
Arbitrators may issue subpoenas for witness attendance and evidence production.
§ 8.01-581.06.
What is required for an arbitration award?
An arbitration award must be in writing and signed by the arbitrators.
§ 8.01-581.07.
What can a party do if they wish to vacate an arbitration award?
Apply to the court to vacate the award under specific grounds.
§ 8.01-581.010.
What are some grounds for vacating an arbitration award?
- Award was procured by corruption or fraud
- Evident partiality by an arbitrator
- Arbitrators exceeded their powers
- Refusal to hear material evidence
- No arbitration agreement exists
§ 8.01-581.010.
What is the time limit to apply for vacating an arbitration award?
Within 90 days after delivery of a copy of the arbitration award.
If based on corruption or fraud, it must be made within 90 days after the grounds are known.
What can a party do if there is an evident miscalculation in an arbitration award?
Apply to the court to modify or correct the arbitration award.
§ 8.01-581.011.
What does a party need to do to confirm an arbitration award?
Apply to the court for an order confirming the arbitration award.
§ 8.01-581.09.
What happens after a court confirms an arbitration award?
The court must enter a judgment or decree on the award.
§ 8.01-581.012.
Where must an initial application regarding an arbitration agreement be made?
To the court of the county or city where the arbitration hearing is to be held.
§ 8.01-581.015.
What types of orders can be appealed in arbitration cases?
- Order denying an application to compel arbitration
- Order granting an application to compel arbitration if made by a general district court
- Order granting an application to stay arbitration
- Order confirming or denying an arbitration award
- Order modifying or correcting an arbitration award
- Order vacating an arbitration award without directing a rehearing
- Judgment or decree entered on the arbitration award
§ 8.01-581.016.
Is an order by a circuit court granting an application to compel arbitration appealable?
No, it is not appealable.
What can a court do regarding alternative dispute resolution proceedings?
Order parties to attend an orientation session about alternative dispute resolution.
§ 8.01-576.5.
Can parties be excused from the orientation session about dispute resolution?
Yes, if any party files a written objection within 14 days after the court’s order.
§ 8.01-576.6.
