Themis Essay 901

Question 1

Arbitration agreements are

Answer 1

enforceable in Virginia.

Question 2

Under the Uniform Arbitration Act, a court can compel arbitration if:

Answer 2

(i) there is an agreement between the parties to arbitrate and one party refuses, and (ii) the court compelling the arbitration has jurisdiction over the claim.

Question 3

In Virginia, the Circuit Court has original jurisdiction over

Answer 3

any claim for money damages that exceeds $4,500.

Question 4

One party’s mere disagreement with the outcome of an arbitration is

Answer 4

not enough to vacate an arbitration award.

Question 5

A court can only vacate an arbitration award if

Answer 5

there is unfairness involved, either in the conduct of the arbitrator herself, or in the procedures followed.

Question 6

Unfairness in an arbitration proceeding may include the arbitrator:

Answer 6

(i) exerting undue influence on the proceeding;
(ii) exceeding the scope of her power;
(iii) refusing to postpone a hearing upon sufficient cause;
(iv) refusing to admit evidence material to the controversy; or
(v) that there was no valid arbitration agreement in the first place.

Question 7

To enforce an arbitration award, a party must

Answer 7

make an application to the court having jurisdiction over the parties to confirm the award and enter a judgment in conformity with the award.