Unless otherwise provided by the agreement:
§ 8.01-581.04.Hearing.
Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceAbsent a contrary agreement, arbitrators set the hearing’s time and place with at least five days’ notice, may adjourn or postpone for good cause, can proceed against a duly notified but absent party, must let each side be heard and cross-examine witnesses, and can reach a final award by majority even if an arbitrator later drops out.
Full Text of § 8.01-581.04
1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
2. The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
3. The hearing shall be conducted by all the arbitrators, but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Plain-English Summary
This section supplies the default rulebook for how an arbitration hearing runs, filling in whatever the parties’ agreement leaves unaddressed. The arbitrators pick the time and place and notify the parties personally or by registered mail at least five days ahead — though showing up at the hearing waives any complaint about short notice. They can adjourn along the way as needed, and can postpone the hearing for good cause a party shows, or on their own initiative, so long as any new date still respects the agreement’s deadline for making the award unless the parties agree to push that out too. If a party who was properly notified does not show up, the arbitrators can still hear the case and decide it on the evidence in front of them. A party who feels the arbitrators are dragging their feet can ask the court to order them to move the hearing along.
Once the hearing happens, both sides get real participatory rights: the chance to be heard, to put on evidence relevant to the dispute, and to cross-examine the other side’s witnesses.
The full panel is supposed to conduct the hearing together, but a majority can decide any question and sign off on the final award — unanimity is not required. And if an arbitrator drops out partway through for some reason, the remaining arbitrators who were appointed as neutrals can carry the hearing through to a decision without starting over.
Frequently Asked Questions
How much notice must arbitrators give of a hearing?
Notice must be served personally or by registered mail not less than five days before the hearing, unless the agreement provides otherwise; appearing at the hearing waives that notice requirement.
Can the arbitrators proceed if a party does not show up?
Yes, the arbitrators may hear and determine the controversy on the evidence produced despite the failure of a duly notified party to appear.
What rights do the parties have during the hearing?
They are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
Do all the arbitrators have to agree on the award?
No, the hearing is conducted by all the arbitrators, but a majority may determine any question and render a final award.
What happens if one arbitrator stops participating during the hearing?
The remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
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
Also known as: arbitration hearing procedure virginia8.01-581.04 virginia codearbitration hearing notice requirements virginiacan arbitrators proceed without a party virginiavirginia arbitration majority award rule