A party has the right to be represented by an attorney at any proceeding or hearing under this article. A waiver thereof prior to the proceeding or hearing is ineffective.
§ 8.01-581.05.Representation by attorney.
Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceEvery party to an arbitration proceeding under this article has the right to be represented by an attorney at any hearing, and any attempt made ahead of time to waive that right carries no legal effect, protecting the choice until the moment it matters most.
Full Text of § 8.01-581.05
Plain-English Summary
This is a short but consequential protection. A party arbitrating under this article gets to bring a lawyer to any proceeding or hearing, full stop — the right does not depend on what the underlying contract says or on what the other side prefers.
The section also blocks a common tactic for undermining that right before it matters: a party cannot be talked into giving it up ahead of time. Any waiver signed or spoken before the proceeding or hearing takes place is ineffective, so the choice to bring counsel stays open no matter what a party may have agreed to earlier.
Frequently Asked Questions
Can a party be represented by an attorney in an arbitration hearing under this article?
Yes, a party has the right to be represented by an attorney at any proceeding or hearing under this article.
Can someone waive their right to an attorney in advance?
No, a waiver of that right prior to the proceeding or hearing is ineffective.
Does the arbitration agreement need to grant the right to counsel for it to apply?
No, the right to be represented by an attorney comes directly from this section and applies to any proceeding or hearing under the article.
At what point does a waiver of the right to counsel become ineffective?
A waiver made prior to the proceeding or hearing itself is ineffective under this section.
Does this right apply only to the final hearing, or to other proceedings too?
It applies to any proceeding or hearing under this article, not just the final arbitration hearing.
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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