Originally from:

Journal of American Arbitration (JAA) - Vol. 5, No. 1

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Journal of American Arbitration (JAA)

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ARTICLES

No Hearing Equals Reversible Error: The
Virginia Supreme Court’s Application of the
Virginia Uniform Arbitration Act to an
Arbitration Process Conducted without a
Hearing in Bates v. McQueen
By Kenneth J. McDermott II

I. OVERVIEW
The dispute arose as the result of a “TIMBER SALE
AGREEMENT” (Agreement) executed between David M. Bates (Bates)
and John B. McQueen (McQueen) dated September 6, 2001.1 In the
Agreement, McQueen agreed to purchase trees that were located on the
land owned by Bates for the purpose of harvesting timber.2 The
Agreement contained an arbitration clause which essentially stated that,
should any disagreement regarding the cutting operation arise, the parties
consent to submit the controversy to two disinterested arbitrators, one
chosen by each party, and, if the arbitrators disagree, then a third