A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, except upon such grounds as exist at law or in equity for the revocation of any contract. This article also applies to arbitration agreements between employers and employees or between their respective representatives unless otherwise provided in the agreement; provided, however, that nothing in this chapter shall be construed to create any right to arbitration with respect to any controversy regarding the employment or terms and conditions of employment of any officer or employee of the Commonwealth.
§ 8.01-581.01.Validity of arbitration agreement.
Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceA written agreement to arbitrate — covering an existing dispute or future disputes under a contract — is valid, enforceable, and irrevocable except on ordinary contract-law grounds, this rule reaches employer-employee agreements too, but it creates no right to arbitrate employment terms for Commonwealth officers or employees.
Full Text of § 8.01-581.01
Plain-English Summary
This is the core validity provision of Virginia’s Uniform Arbitration Act, and it does the heavy lifting for everything that follows in the article. A written agreement to arbitrate is treated the same as any other enforceable contract term — courts cannot refuse to enforce it just because it is an arbitration clause. It can cover a controversy that already exists or one that has not happened yet, so long as the agreement to arbitrate future disputes is in a written contract.
The only way out is the same way out of any contract: fraud, duress, unconscionability, lack of capacity, or another recognized ground for revoking a contract at law or in equity. Arbitration clauses do not get singled out for extra scrutiny, but they do not get a pass from ordinary contract defenses either.
The section reaches beyond commercial deals into the workplace — employer-employee arbitration agreements are covered unless the agreement itself says otherwise. But there is a carve-out for public employment: nothing in the chapter creates a right to arbitrate a controversy over the employment or employment terms of an officer or employee of the Commonwealth.
Frequently Asked Questions
Can an arbitration agreement cover disputes that have not happened yet?
Yes. A provision in a written contract to submit to arbitration any controversy that arises later between the parties is valid, enforceable, and irrevocable, just like an agreement covering an existing controversy.
On what grounds can an arbitration agreement be revoked?
Only the grounds that exist at law or in equity for revoking any contract, such as fraud or duress — arbitration clauses do not get special treatment beyond ordinary contract defenses.
Does this article apply to arbitration agreements between employers and employees?
Yes, unless the agreement itself provides otherwise, this article applies to arbitration agreements between employers and employees or their respective representatives.
Are state government employees required to arbitrate employment disputes under this chapter?
No. The section specifically states that nothing in the chapter creates a right to arbitration regarding the employment or terms and conditions of employment of any officer or employee of the Commonwealth.
Does the arbitration agreement need to be in writing?
Yes, the section applies to a written agreement to submit an existing controversy, or a written contract provision covering future controversies.
Amendment History
1986, c. 614.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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