§ 8.01-581.03.Appointment of arbitrators by court; powers of arbitrators.
Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceIf the arbitration agreement’s own method for choosing arbitrators is missing, fails, or cannot be followed — including when a named arbitrator cannot act and has no named successor — the court appoints one or more arbitrators on a party’s application, and those court-appointed arbitrators hold the same powers a majority of arbitrators otherwise exercise.
Full Text of § 8.01-581.03
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If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
The powers of the arbitrators may be exercised by a majority, unless otherwise provided by the agreement or by this article.
Plain-English Summary
Arbitration agreements do not always spell out, or successfully carry out, a way to pick arbitrators. This section is the backstop for those gaps. If the agreement provides a method for appointing arbitrators, that method controls and the court stays out of it. But when there is no method, the agreed method breaks down, or an already-appointed arbitrator becomes unable to serve and no successor has been named, a party can ask the court to step in and appoint one or more arbitrators directly.
An arbitrator the court appoints this way is not a lesser substitute — the section gives that arbitrator every power an arbitrator named directly in the agreement would have had.
The section also sets the default rule for how a panel of arbitrators makes decisions once appointed: unless the agreement or the article says otherwise, the arbitrators’ powers can be exercised by a majority, so a panel does not need unanimity to act.
Frequently Asked Questions
When can a party ask the court to appoint an arbitrator?
When the agreement has no method for appointing arbitrators, when the agreed method fails or cannot be followed, or when an appointed arbitrator is unable to act and no successor has been duly appointed.
Does a court-appointed arbitrator have less authority than one named in the agreement?
No, an arbitrator appointed by the court has all the powers of an arbitrator specifically named in the agreement.
Do all arbitrators on a panel need to agree before acting?
No, unless the agreement or the article provides otherwise, the powers of the arbitrators may be exercised by a majority.
Does this section apply if the agreement’s chosen method for appointing arbitrators works fine on its own?
No, if the agreement provides a method of appointment, that method must be followed — the court’s appointment power applies only when that method is absent, fails, or cannot be followed.
Who can ask the court to appoint an arbitrator?
A party to the arbitration may apply to the court for the appointment.
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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