An application to the court under this article shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
§ 8.01-581.013.Applications to court.
Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceAny request to the court under Virginia’s Uniform Arbitration Act proceeds as a motion, heard the way courts normally hear motions, and the first application filed in a case must be served on the opposing party the same way a summons is served, unless the parties agreed to something else.
Full Text of § 8.01-581.013
Plain-English Summary
This section sets the procedural gateway for everything else in the article. Instead of creating a separate lawsuit format for arbitration disputes, it borrows the ordinary motion practice courts already use — an application to compel arbitration, confirm an award, or any other request under this article is made and heard as a motion, following the same notice and hearing rules that apply to motions generally.
The one added protection applies to the first application in a case. Because that initial filing is often someone’s first notice that a court proceeding is starting at all, it has to be served the way a summons would be served in a civil action — real, formal notice — unless the parties already agreed on a different method for that step.
Frequently Asked Questions
What form does an application to the court take under this article?
It is made by motion, and heard in the manner and upon the notice provided by law or rule of court for motions generally.
How must the first application in a case be served on the other party?
Unless the parties have agreed otherwise, notice of an initial application for an order must be served in the manner provided by law for service of a summons in a civil action.
Do the parties have to use summons-style service for every later application?
The summons-style service requirement applies specifically to the initial application; the section addresses notice for that first filing, not necessarily every subsequent motion.
Can the parties agree to a different method of serving the initial application?
Yes, the summons-style service rule applies “unless the parties have agreed otherwise.”
Is a separate lawsuit required to ask the court to compel or confirm arbitration?
No, the request is made by motion within the existing procedural framework rather than as a new, separate civil action.
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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