Arbitration

Question 1

Are arbitration clauses in contracts enforceable in Virginia?

Answer 1

A contract provision requiring disputes to be resolved through arbitration is enforceable.

Question 2

What happens if one party refuses to arbitrate?

Answer 2

If one party refuses to arbitrate, the other party may apply to the court, which will order both parties to proceed with arbitration.

Question 3

How to spot an arbitration agreement in fact pattern?

Answer 3

look out for things in fact pattern labeled settlement agreement and then arbitration ex: “ The Property Settlement Agreement”

Question 4

When may a court vacate an arbitration award?

Answer 4

There are limited circumstances where the court may vacate an award. All of the instances are tied into some basic procedural unfairness. Just disagreeing with the decision is not grounds.

Question 5

How to enforce Arbitration Awards Against Non-Compliant Parties

Answer 5

The prevailing party after the award is made, makes an application to the court to confirm the award and to enter a judgment in conformity with the award.

Question 6

When must an application be made to vacate an arbitration award?

Answer 6

The application must be made within 90 days from delivery of a copy of the award to the applicant.