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Virginia - Chapter 20 - Interim Measures in the United States in Aid of Arbitration

Author(s): 
Thomas H. Roberts
Page Count: 
28 pages
Published: 
July, 2022
Jurisdictions: 
United States,
Virginia
Practice Areas: 
Judicial Granting of Interim Relief,
Relief and Remedies in General,
Formal Requirements,
Time Limits,
Delivery and Receipt of Communications,
Orders for Security,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Third Parties in Arbitral Proceedings,
Powers of Arbitrators
Author Detail: 

Thomas H. Roberts has over 35 years of legal experience as a litigator, mediator, administrative law judge, and consultant.  He is the principal of Thomas H. Roberts & Associates, PC and the founder of Axiom Mediation, both in Richmond, Virginia.  Mr. Roberts received Advanced Mediation Training with the Federal Mediation and Conciliation Service in 2014.

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Description: 

Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS 

1.   Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

Yes. In Virginia, provisional relief is limited to the following:

(1) proceedings to determine whether a matter is subject to arbitration, and for those [matters] subject thereto, the issuance of a rule by the court that the parties shall submit to the award which shall be made in accordance with such agreement and the provisions of the Uniform Arbitration Act as adopted by Virginia. Va. Code § 8.01-577.

(2) enforcement procedures for arbitrator issued subpoenas, Va. Code § 8.01-581.06 and

(3) strictly construed statutory prejudgment levy, liens and attachments available to any claimant, whether in arbitration or not, where the property is likely to be secreted away prior to judgment or the foreign corporation or non-resident is about to slip away, Va. Code §§ 8.01-533 to -534. The statutory scheme for this is set out in Va. Code §§ 8.01-533 to -576, Chapter 20. Attachments and Bail in Civil Cases of Title 8.01. Civil Remedies and Procedure.

(a)  If so, please describe the nature of any such provisional relief that is available.

Va. Code.