reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.11 - Consolidation of separate arbitration proceedings

§ 7321.11. Consolidation of separate arbitration proceedings.
(a) Conditions.--
Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons, or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(b) Partial consolidation.--
The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(c) Agreement governs.--
The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.12 - Appointment of arbitrator; service as a neutral arbitrator

§ 7321.12. Appointment of arbitrator; service as a neutral arbitrator.
(a) Appointment.--
If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed by the court has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.
(b) Neutral service.--
An individual may not serve as an arbitrator required by an agreement to be neutral under the standards under which a judge would be required to disqualify himself or herself from participation in a proceeding under 207 Pa. Code Ch. 33 Canon 2 Rule 2.11 (relating to disqualification).
Cross References.
Section 7321.12 is referred to in sections 7321.16, 7342 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.13 - Disclosure by arbitrator

§ 7321.13. Disclosure by arbitrator.
(a) Preappointment.--
Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) a financial or personal interest in the outcome of the arbitration proceeding; and
(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.
(b) Continuing.--
An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) Objection.--
If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 7321.24(a)(2) (relating to vacating award) for vacating an award made by the arbitrator.
(d) Nondisclosure.--
If the arbitrator does not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, the court under section 7321.24(a)(2) may vacate an award.
(e) Presumption of neutrality.--
An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under section 7321.24(a)(2).
(f) Procedure to challenge arbitrator.--
If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 7321.24(a)(2).
Cross References.
Section 7321.13 is referred to in sections 7321.5, 7321.15 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.14 - Action by majority

§ 7321.14. Action by majority.
If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators but all of them shall conduct the hearing under section 7321.16(c) (relating to arbitration process).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.15 - Immunity of arbitrator; competency to testify; attorney fees and costs

§ 7321.15. Immunity of arbitrator; competency to testify; attorney fees and costs.
(a) Immunity.--
An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity.
(b) Other immunity.--
The immunity afforded by this section supplements any immunity under other law.
(c) Failure to disclose.--
The failure of an arbitrator to make a disclosure required by section 7321.13 (relating to disclosure by arbitrator) does not cause a loss of immunity under this section.
(d) Competency to testify.--
In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity. This subsection does not apply:
(1) to the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or
(2) to a hearing on a motion to vacate an award under section 7321.24(a)(1) or (2) (relating to vacating award) if the movant establishes prima facie that a ground for vacating the award exists.
(e) Attorney fees and costs.--
If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d) and the court upon deciding whether the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or whether the arbitrator or representative of the organization is competent to testify, the court may award to the prevailing party, including the arbitrator, organization or representative, reasonable attorney fees and other reasonable expenses of litigation.
Cross References.
Section 7321.15 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.16 - Arbitration process

§ 7321.16. Arbitration process.
(a) Discretion of arbitrator.--
An arbitrator may conduct an arbitration in a manner appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.
(b) Summary disposition.--
An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) if all interested parties agree; or
(2) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and if the other parties have a reasonable opportunity to respond.
(c) Notice and hearing.--
If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) Procedure.--
At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(e) Replacement.--
If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 7321.12 (relating to appointment of arbitrator; service as a neutral arbitrator) to continue the proceeding and to resolve the controversy.
(f) Location for arbitration hearing for consumer transactions.--
A hearing conducted under an arbitration agreement applicable to a consumer transaction shall be held at a location reasonably convenient to the consumer.
Cross References.
Section 7321.16 is referred to in sections 7321.10, 7321.14, 7321.24, 7321.28 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.17 - Representation by attorney

§ 7321.17. Representation by attorney.
A party to an arbitration proceeding may be represented by an attorney.
Cross References.
Section 7321.17 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.19 - Judicial enforcement of preaward ruling by arbitrator

§ 7321.19. Judicial enforcement of preaward ruling by arbitrator.
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 7321.20 (relating to award). A prevailing party may make a motion to the court for an expedited order to confirm the award under section 7321.23 (relating to confirmation of award), in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under section 7321.24 (relating to vacating award) or 7321.25 (relating to modification or correction of award).
Cross References.
Section 7321.19 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.20 - Award

§ 7321.20. Award.
(a) Record.--
An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b) Time.--
An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Cross References.
Section 7321.20 is referred to in sections 7321.19, 7321.21, 7321.24, 7321.25 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.21 - Change of award by arbitrator

§ 7321.21. Change of award by arbitrator.
(a) Motion.--
On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(1) upon a ground stated in section 7321.25(a)(1) or (3) (relating to modification or correction of award);
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(b) Time for motion.--
A motion under subsection (a) must be made and notice given to all parties within 20 days after the movant receives notice of the award.
(c) Time for objection to motion.--
A party to the arbitration proceeding must give notice of an objection to the motion within 10 days after receipt of the notice.
(d) Pending motion to court.--
If a motion to the court is pending under section 7321.23 (relating to confirmation of award), 7321.24 (relating to vacating award) or 7321.25, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) upon a ground stated in section 7321.25(a)(1) or (3);
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(e) Other provisions applicable.--
An award modified or corrected under this section is subject to sections 7321.20(a) (relating to award), 7321.23, 7321.24 and 7321.25.
Cross References.
Section 7321.21 is referred to in sections 7321.5, 7321.23, 7321.24, 7321.25 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.22 - Remedies; fees and expenses of arbitration proceeding

§ 7321.22. Remedies; fees and expenses of arbitration proceeding.
(a) Punitive damages.--
An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(b) Attorney fees and costs.--
An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the award is authorized by law in a civil action involving the same claim, by the agreement of the parties to the arbitration proceeding or by the terms of an agreement subject to arbitration.
(c) Additional remedies.--
As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 7321.23 (relating to confirmation of award) or for vacating an award under section 7321.24 (relating to vacating award).
(d) Arbitrator costs and fees.--
An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) Justification for punitive damages.--
If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.23 - Confirmation of award

§ 7321.23. Confirmation of award.
After a party to an arbitration proceeding receives notice of an award, the party must make a motion to the court for an order confirming the award. The court shall then issue a confirming order unless the award is modified or corrected under section 7321.21 (relating to change of award by arbitrator) or 7321.25 (relating to modification or correction of award) or is vacated under section 7321.24 (relating to vacating award).
Cross References.
Section 7321.23 is referred to in sections 7321.5, 7321.19, 7321.21, 7321.22, 7321.26 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.24 - Vacating award

§ 7321.24. Vacating award.
(a) Grounds.--
Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) the award was procured by corruption, fraud or other undue means;
(2) there was:
(i) evident partiality by an arbitrator appointed as a neutral arbitrator;
(ii) corruption by an arbitrator; or
(iii) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 7321.16 (relating to arbitration process), so as to prejudice the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 7321.16(c) not later than the beginning of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in section 7321.10 (relating to initiation of arbitration) so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) Time.--
A motion under this section must be filed within 30 days after the movant receives notice of the award under section 7321.20 (relating to award) or within 30 days after the movant receives notice of a modified or corrected award under section 7321.21 (relating to change of award by arbitrator), unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case the motion must be made within 30 days after the ground is known or by the exercise of reasonable care would have been known by the movant.
(c) Rehearing.--
If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4) or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 7321.20(b) for an award.
(d) Confirmation.--
If the court denies a motion to vacate an award, the court shall confirm the award unless a motion to modify or correct the award is pending.
Cross References.
Section 7321.24 is referred to in sections 7321.5, 7321.13, 7321.15, 7321.19, 7321.21, 7321.22, 7321.23, 7321.25, 7321.26 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.25 - Modification or correction of award

§ 7321.25. Modification or correction of award.
(a) Grounds.--
Upon motion made within 90 days after the movant receives notice of the award under section 7321.20 (relating to award) or within 90 days after the movant receives notice of a modified or corrected award under section 7321.21 (relating to change of award by arbitrator), the court shall modify or correct the award if:
(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;
(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(b) Court action.--
If a motion made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(c) Joinder.--
A motion to modify or correct an award under this section may be joined with a motion to vacate the award under section 7321.24 (relating to vacating award).
Cross References.
Section 7321.25 is referred to in sections 7321.5, 7321.19, 7321.21, 7321.23, 7321.26 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.26 - Judgment on award; attorney fees and litigation expenses

§ 7321.26. Judgment on award; attorney fees and litigation expenses.
(a) Judgment.--
Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.
(b) Court costs.--
A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c) Attorney fees and costs.--
On application of a prevailing party to a contested judicial proceeding under section 7321.23 (relating to confirmation of award), 7321.24 (relating to vacating award) or 7321.25 (relating to modification or correction of award), the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award if attorney fees and other expenses are authorized by law to be added to an award in a civil action involving the same claim as the arbitration award.
Cross References.
Section 7321.26 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.27 - Jurisdiction

§ 7321.27. Jurisdiction.
(a) Enforcement.--
A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(b) Exclusivity.--
An agreement to arbitrate providing for arbitration in this Commonwealth confers exclusive jurisdiction on the court to enter judgment on an award under this subchapter.
Cross References.
Section 7321.27 is referred to in sections 7321.5, 7342 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.28 - Venue

§ 7321.28. Venue.
A motion under section 7321.6 (relating to application for judicial relief) must be made in the court of the county in which the agreement to arbitrate or section 7321.16(f) (relating to arbitration process) specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be made in the court of the county in this Commonwealth as provided by the Pennsylvania Rules of Civil Procedure. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
Cross References.
Section 7321.28 is referred to in sections 7321.8, 7342 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.29 - Appeals

§ 7321.29. Appeals.
(a) Appealable orders.--
An appeal may be taken from:
(1) an order denying a motion to compel arbitration;
(2) an order granting a motion to stay arbitration;
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a final judgment entered under this subchapter.
(b) Procedure.--
An appeal under this section must be taken as from an order or a judgment in a civil action and must be taken within 30 days of the order or judgment.
Cross References.
Section 7321.29 is referred to in sections 7321.5, 7321.6, 7342 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.30 - Uniformity of application and construction

§ 7321.30. Uniformity of application and construction.
(a) General rule.--
In applying and construing this subchapter, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter among states that enact it.
(b) Right to trial by jury.--
Except as provided by an agreement to arbitrate, nothing in this subchapter is intended to require a party to waive the right to trial by jury to the extent provided by the Constitution of the United States and the Constitution of Pennsylvania.
(c) Severability.--
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the remainder of this subchapter and the application of such provisions to other persons or circumstances shall not be affected.
Cross References.
Section 7321.30 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7321.31 - Relationship to Electronic Signatures in Global and National Commerce Act

§ 7321.31. Relationship to Electronic Signatures in Global and National Commerce Act.
The provisions of this subchapter governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002).
Cross References.
Section 7321.31 is referred to in section 7321.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7341 - Common law arbitration

§ 7341. Common law arbitration.
The award of an arbitrator in a nonjudicial arbitration which is not subject to Subchapter A (relating to statutory arbitration), A.1 (relating to revised statutory arbitration) or a similar statute regulating nonjudicial arbitration proceedings is binding and may not be vacated or modified unless it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 28, 2018, P.L.381, No.55, eff. July 1, 2019)
2018 Amendment.
See section 1 of Act 55 of 2018 in the appendix to this title for special provisions relating to findings and declarations. Section 4(2) of Act 55 provided that the amendment of section 7341 shall not be construed to affect an action or proceeding commenced or right accrued before the effective date of section 4.
Cross References.
Section 7341 is referred to in sections 7314, 7342 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7342 - Procedure

§ 7342. Procedure.
(a) General rule.--
The following provisions of Subchapter A.1 (relating to revised statutory arbitration) shall be applicable to arbitration conducted pursuant to this subchapter:
Section 7321.6 (relating to application for judicial relief).
Section 7321.7(a) (relating to validity of agreement to arbitrate).
Section 7321.8 (relating to motion to compel or stay arbitration).
Section 7321.12(a) (relating to appointment of arbitrator; service as a neutral arbitrator).
Section 7321.18 (relating to witnesses; subpoenas; depositions; discovery).
Section 7321.27 (relating to jurisdiction).
Section 7321.28 (relating to venue).
Section 7321.29 (relating to appeals), except section 7321.29(a)(4).
(b) Confirmation and judgment.--
On application of a party made more than 30 days after an award is made by an arbitrator under section 7341 (relating to common law arbitration), the court shall enter an order confirming the award and shall enter a judgment or decree in conformity with the order.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 28, 2018, P.L.381, No.55, eff. July 1, 2019)
2018 Amendment.
See section 1 of Act 55 of 2018 in the appendix to this title for special provisions relating to findings and declarations. Section 4(3) of Act 55 provided that the amendment of section 7342 shall not be construed to affect an action or proceeding commenced or right accrued before the effective date of section 4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7361 - Compulsory arbitration

§ 7361. Compulsory arbitration.
(a) General rule.--
Except as provided in subsection (b), when prescribed by general rule or rule of court such civil matters or issues therein as shall be specified by rule shall first be submitted to and heard by a board of three members of the bar of the court.
(b) Limitations.--
No matter shall be referred under subsection (a):
(1) which involves title to real property; or
(2) where the amount in controversy, exclusive of interest and costs, exceeds $50,000.
(c) Procedure.--
The arbitrators appointed pursuant to this section shall have such powers and shall proceed in such manner as shall be prescribed by general rules.
(d) Appeal for trial de novo.--
Any party to a matter shall have the right to appeal for trial de novo in the court. The party who takes the appeal shall pay such amount or proportion of fees and costs and shall comply with such other procedures as shall be prescribed by general rules. In the absence of appeal the judgment entered on the award of the arbitrators shall be enforced as any other judgment of the court. For the purposes of this section and section 5571 (relating to appeals generally) an award of arbitrators constitutes an order of a tribunal.
(Apr. 6, 1980, P.L.100, No.38; Apr. 16, 1992, P.L.146, No.25, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; May 11, 2006, P.L.166, No.41, eff. 60 days)
2006 Amendment.
Act 41 amended subsec. (b).
1980 Amendment.
Act 38 amended subsec. (d), effective immediately and retroactive to June 27, 1978, and amended the remainder of section 7361, effective in 60 days and applicable to actions filed on and after that date.
1984 Partial Repeal.
Section 8 of the act of February 12, 1984, P.L.26, No.11, relating to motor vehicle financial responsibility, repealed section 7361(b)(2)(i) insofar as it is inconsistent with Act 11.
Cross References.
Section 7361 is referred to in section 1794 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 73 - Arbitration › Section 7362 - Voluntary arbitration of pending judicial matters

§ 7362. Voluntary arbitration of pending judicial matters.
(a) General rule.--
A civil matter or issue therein may be referred by consent of the parties to one or more appointive judicial officers or other persons for hearing or hearing and disposition.
(b) Government units.--
Any government unit of this Commonwealth, with the consent of the solicitor or other official counsel of the unit, may agree to the reference of a civil matter pursuant to this section.
(c) Procedure.--
The appointive judicial officers or other persons appointed or designated pursuant to this section shall have such powers and shall proceed in such manner as shall be prescribed by general rules.
(d) Appeal.--
Any party to a matter referred under this section shall have such rights of appeal, if any, as shall be prescribed by general rules. Where no right to appeal is prescribed by general rule, all parties shall be deemed to have waived any right to appeal which they might otherwise enjoy under the Constitution of Pennsylvania or otherwise in mutual consideration of an expeditious final disposition of the matter, but no such waiver shall apply if it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7401 - Short title and scope of chapter

§ 7401. Short title and scope of chapter.
(a) Short title.--
This chapter shall be known and may be cited as the Collaborative Law Act.
(b) Scope.--
This chapter shall apply to a collaborative law process between family members and arising from a participation agreement that meets the requirements of section 7405 (relating to collaborative law participation agreement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7402 - Definitions

§ 7402. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Collaborative communication."
A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law participation agreement but before the collaborative law process is concluded. The term does not include a written settlement agreement that is signed by all parties to the agreement.
"Collaborative law process."
A procedure to resolve a claim, transaction, dispute or issue without intervention by a tribunal, in which procedure all parties sign a collaborative law participation agreement, all parties are represented by counsel and counsel is disqualified from representing the parties in a proceeding before a tribunal.
"Collaborative matter."
A dispute, transaction, claim or issue for resolution that is described in a participation agreement concerning any of the following:
(1) Marriage, divorce and annulment.
(2) Property distribution, usage and ownership.
(3) Child custody, visitation and parenting time.
(4) Parentage.
(5) Alimony, alimony pendente lite, spousal support and child support.
(6) Prenuptial, marital and postnuptial agreements.
(7) Adoption.
(8) Termination of parental rights.
(9) A matter arising under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).
(10) A matter arising under 15 Pa.C.S. Pt. II (relating to corporations).
"Family members."
All of the following:
(1) Spouses and former spouses.
(2) Parents and children, including individuals acting in loco parentis.
(3) Individuals currently or formerly cohabiting.
(4) Other individuals related by consanguinity or affinity.
"Nonparty participant."
A person other than a party or a party's attorney that participates in the collaborative law process. The term may include, but is not limited to, support persons, mental health professionals, financial neutrals and potential parties.
"Party."
A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
"Person."
An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
"Proceeding."
A judicial, administrative, arbitral or other adjudicative process before a tribunal.
"Related matter."
A matter involving the same parties, dispute, transaction, claim or issue as a collaborative matter.
"Tribunal."
A court, arbitrator, administrative agency or other body acting in an adjudicative capacity that has jurisdiction to render a binding decision directly affecting a party's interests in a matter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7403 - Beginning the collaborative law process

§ 7403. Beginning the collaborative law process.
(a) Voluntariness.--
Participation in a collaborative law process is voluntary and may not be compelled by a tribunal. A party may terminate the collaborative law process at any time with or without cause.
(b) Commencement.--
A collaborative law process shall begin when the parties sign a collaborative law participation agreement. Parties to a proceeding pending before a tribunal may enter into a collaborative law process to resolve a matter related to the proceeding.
Cross References.
Section 7403 is referred to in section 7405 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7404 - Assessment and review

§ 7404. Assessment and review.
(a) General assessment.--
Before entering into a collaborative law participation agreement, a prospective party shall:
(1) Assess factors the prospective party's attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant's history, if any, of violent or threatening behavior.
(2) Review information that the attorney reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process, as compared with other alternatives.
(b) Threatening or violent behavior.--
(1) Before a prospective party signs a collaborative law participation agreement, an attorney shall inquire whether the prospective party has a history of threatening or violent behavior toward any party or nonparty participant who will be part of the collaborative law process.
(2) If an attorney learns or reasonably believes, before commencing or at any point in the collaborative law process, that a party or prospective party has engaged in or has a history of threatening or violent behavior toward any other party or nonparty participant, the attorney may not begin or continue the collaborative law process unless the party or prospective party:
(i) Requests beginning or continuing the collaborative law process.
(ii) Indicates that the safety of all parties to the collaborative law process can be protected adequately during the collaborative law process.
(c) Private cause of action.--
An attorney's failure to protect a party under this section shall not give rise to a private cause of action against the attorney.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7405 - Collaborative law participation agreement

§ 7405. Collaborative law participation agreement.
(a) Requirements.--
A collaborative law participation agreement must:
(1) Be in writing.
(2) Be signed by the parties.
(3) State the parties' intention to resolve a collaborative matter through a collaborative law process.
(4) Describe the nature and scope of the collaborative matter.
(5) Identify the attorney who represents each party in the collaborative law process.
(6) Include a statement that the representation of each attorney is limited to the collaborative law process and that the attorneys are disqualified from representing any party or nonparty participant in a proceeding related to a collaborative matter, consistent with this chapter.
(b) Optional provisions.--
Parties may include in a collaborative law participation agreement additional provisions not inconsistent with this chapter or other applicable law, including, but not limited to:
(1) An agreement concerning confidentiality of collaborative communications.
(2) An agreement that part or all of the collaborative law process will not be privileged in a proceeding.
(3) The scope of voluntary disclosure.
(4) The role of nonparty participants.
(5) The retention and role of nonparty experts.
(6) The manner and duration of a collaborative law process under sections 7403 (relating to beginning the collaborative law process) and 7406 (relating to concluding the collaborative law process).
(c) Nonconforming agreements.--
This chapter shall apply to an agreement that does not meet the requirements of subsection (a) if:
(1) The agreement indicates an intent to enter into a collaborative law participation agreement.
(2) The agreement is signed by all parties.
(3) A tribunal determines that the parties intended to and reasonably believed that they were entering into a collaborative law agreement subject to the requirements of this chapter.
Cross References.
Section 7405 is referred to in section 7401 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7406 - Concluding the collaborative law process

§ 7406. Concluding the collaborative law process.
(a) General rule.--
A collaborative law process shall be concluded by:
(1) Resolution of the collaborative matter, as evidenced by a signed record.
(2) Resolution of a part of the collaborative matter and agreement by all parties that the remaining parts of the collaborative matter will not be resolved in the collaborative law process, as evidenced by a signed record.
(3) Termination under subsection (b).
(4) A method specified in the collaborative law participation agreement.
(b) Termination.--
A collaborative law process shall be terminated when:
(1) A party gives written notice to all parties that the collaborative law process is terminated.
(2) A party begins or resumes a pending proceeding before a tribunal related to a collaborative matter without the agreement of all parties.
(3) Except as provided in subsection (c), a party discharges the party's attorney or the attorney withdraws from further representation of a party. An attorney who is discharged or withdraws shall give prompt written notice to all parties and nonparty participants.
(c) Continuation.--
Notwithstanding the discharge or withdrawal of a collaborative attorney, a collaborative law process shall continue if, not later than 30 days after the date that the notice under subsection (b)(3) is sent, the unrepresented party engages a successor attorney and the participation agreement is amended to identify the successor attorney.
Cross References.
Section 7406 is referred to in section 7405 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7407 - Disqualification of collaborative attorney

§ 7407. Disqualification of collaborative attorney.
(a) Rule.--
(1) Except as provided in subsection (b), an attorney who represents a party in a collaborative law process and any law firm or government agency with which the attorney is associated shall be disqualified from representing any party or nonparty participant in a proceeding related to the collaborative matter.
(2) Requesting the approval of a settlement agreement by a tribunal shall be considered part of the collaborative law process and not a related proceeding.
(b) Exception.--
Disqualification under subsection (a) shall not operate to prevent a collaborative attorney from seeking or defending an emergency order to protect the health, safety or welfare of a party or a family member.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7408 - Disclosure of information

§ 7408. Disclosure of information.
During the collaborative law process, parties shall provide timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery, and shall update promptly previously disclosed information that has materially changed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 74 - Collaborative Law Process › Section 7410 - Privilege

§ 7410. Privilege.
(a) General rule.--
Except as otherwise provided in this section, a collaborative communication is privileged, may not be compelled through discovery and shall not be admissible as evidence in an action or proceeding. Evidence that is otherwise admissible and subject to discovery shall not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
(b) Waiver.--
(1) A party may waive a privilege belonging to the party only if all parties waive the privilege and, in the case of a communication by a nonparty participant, only if the nonparty participant and all parties waive the privilege.
(2) If a party discloses a privileged collaborative communication that prejudices another party, the disclosing party waives the right to assert a privilege under this section to the extent necessary for the party prejudiced to respond to the disclosure or representation.
(c) Nonapplicability.--
Privilege under subsection (a) shall not apply to:
(1) A communication that is not subject to the privilege by agreement of the parties according to the terms of a participation agreement.
(2) A communication that is made during a session of a collaborative law process that is open, or required by law to be open, to the public.
(3) A communication sought, obtained or used to:
(i) threaten or plan to inflict bodily injury, commit or attempt to commit a crime; or
(ii) conceal ongoing criminal activity.
(d) Exceptions.--
The following exceptions apply to the privilege under subsection (a):
(1) A communication sought or offered to prove or disprove facts relating to a claim or complaint of professional misconduct or malpractice or a fee dispute.
(2) A communication sought or offered to prove facts relating to the abuse, neglect, abandonment or exploitation of a child or abuse of an adult.
(3) A communication sought or offered in a criminal proceeding or in an action to enforce, void, set aside or modify a settlement agreement where a tribunal or court of competent jurisdiction finds that the evidence is not otherwise available and the need for the evidence substantially outweighs the interest in protecting the privilege.
(e) Limitation.--
(1) If a collaborative communication is subject to an exception under subsection (d), only the part of the collaborative communication necessary for the application of the exception may be disclosed or admitted.
(2) Disclosure or admission of evidence under subsection (d) does not make the evidence or any other collaborative communication discoverable or admissible for any other purpose.
(f) Construction.--
This section shall not be construed to affect the scope of another applicable privilege under State law or rule of court.