Virginia Law

A. In any arbitration with a high-volume arbitration service provider pursuant to a pre-dispute arbitration agreement, the high-volume arbitration service provider shall not require any party to accept or use any particular arbitrator in an arbitration proceeding involving a Virginia-connected transaction.

B. A high-volume arbitration service provider shall establish and maintain procedures that provide parties in any arbitration agreement pursuant to a pre-dispute arbitration agreement with (i) a meaningful opportunity to agree upon an arbitrator and (ii) for cases where an agreement upon an arbitrator cannot be reached, an impartial system for arbitrator selection that ensures that (a) each party has an equal voice in the selection process, (b) neither party may unilaterally impose an arbitrator upon the other party, and (c) the selection process is transparent and fair to all parties.

C. An acceptable impartial system for arbitrator selection in accordance with subsection B shall include the following:

1. A striking method in which parties alternatively eliminate arbitrators from a list until one remains;

2. A ranking method in which parties rank arbitrators and the highest mutually ranked arbitrator is selected;

3. A random selection method in which an arbitrator is selected from a pool of arbitrators previously approved by both parties; or

4. Any other method that ensures neither party can compel the other to accept an arbitrator without meaningful input.

D. In any arbitration with a high-volume arbitration service provider pursuant to a pre-dispute arbitration agreement, the proposed neutral arbitrator shall disclose all matters that may cause a person who is aware of the facts to have reasonable uncertainty that such proposed neutral arbitrator would be able to be impartial. Such disclosures include:

1. The existence of any ground for disqualification of a judge for a violation of the Canons of Judicial Conduct;

2. Whether the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding; or

3. The names of the parties to all prior or pending arbitrations during the preceding five years where the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party to such proceeding, and the results of each case arbitrated to conclusion, including the date of the arbitration award, the identification of the prevailing party, the names of the parties' attorneys, the text of any written award, and the amount of monetary damages awarded, if any. To preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as "claimant" or "respondent" if the party is an individual and not a business or corporate entity.

E. No high-volume arbitration service provider shall administer an arbitration pursuant to a pre-dispute arbitration agreement and involving a Virginia-connected transaction if any party or law firm representing a party has, or within the preceding five years has had, any type of financial interest in the private arbitration company, including by ownership, employment, or appointment and payment as an arbitrator or other neutral.

2026, c. 490.