1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, extensively revising the
3Uniform Arbitration Act; and making editorial changes.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Subchapter A of Chapter 73 of Title 42 of the
7Pennsylvania Consolidated Statutes is repealed:

8[SUBCHAPTER A

9STATUTORY ARBITRATION

10Sec.

117301. Short title of subchapter.

127302. Scope of subchapter.

137303. Validity of agreement to arbitrate.

147304. Court proceedings to compel or stay arbitration.

157305. Appointment of arbitrators by court.

167306. Action by arbitrators.

177307. Hearing before arbitrators.

17308. Representation by attorney.

27309. Witnesses, subpoenas, oaths and depositions.

37310. Award of arbitrators.

47311. Change of award by arbitrators.

57312. Fees and expenses of arbitration.

67313. Confirmation of award by court.

77314. Vacating award by court.

87315. Modification or correction of award by court.

97316. Judgment or decree on award.

107317. Form and service of applications to court.

117318. Court and jurisdiction.

127319. Venue of court proceedings.

137320. Appeals from court orders.

14§ 7301. Short title of subchapter.

15This subchapter shall be known and may be cited as the
16"Uniform Arbitration Act."

17§ 7302. Scope of subchapter.

18(a) General rule.--An agreement to arbitrate a controversy
19on a nonjudicial basis shall be conclusively presumed to be an
20agreement to arbitrate pursuant to Subchapter B (relating to
21common law arbitration) unless the agreement to arbitrate is in
22writing and expressly provides for arbitration pursuant to this
23subchapter or any other similar statute, in which case the
24arbitration shall be governed by this subchapter.

25(b) Collective bargaining agreements.--This subchapter shall
26apply to a collective bargaining agreement to arbitrate
27controversies between employers and employees or their
28respective representatives only where the arbitration pursuant
29to this subchapter is consistent with any statute regulating
30labor and management relations.

1(c) Government contracts.--This subchapter shall apply to
2any written contract to which a government unit of this
3Commonwealth is a party to the same extent as if the government
4unit were a private person, except that where a contract to
5which the Commonwealth government is a party provides for
6arbitration of controversies but does not provide for
7arbitration pursuant to any specified statutory provision, the
8arbitration shall be governed by this subchapter.

9(d) Special application.--

10(1) Paragraph (2) shall be applicable where:

11(i) The Commonwealth government submits a
12controversy to arbitration.

13(ii) A political subdivision submits a controversy
14with an employee or a representative of employees to
15arbitration.

16(iii) Any person has been required by law to submit
17or to agree to submit a controversy to arbitration
18pursuant to this subchapter.

19(2) Where this paragraph is applicable a court in
20reviewing an arbitration award pursuant to this subchapter
21shall, notwithstanding any other provision of this
22subchapter, modify or correct the award where the award is
23contrary to law and is such that had it been a verdict of a
24jury the court would have entered a different judgment or a
25judgment notwithstanding the verdict.

26§ 7303. Validity of agreement to arbitrate.

27A written agreement to subject any existing controversy to
28arbitration or a provision in a written agreement to submit to
29arbitration any controversy thereafter arising between the
30parties is valid, enforceable and irrevocable, save upon such

1grounds as exist at law or in equity relating to the validity,
2enforceability or revocation of any contract.

3§ 7304. Court proceedings to compel or stay arbitration.

4(a) Compelling arbitration.--On application to a court to
5compel arbitration made by a party showing an agreement
6described in section 7303 (relating to validity of agreement to
7arbitrate) and a showing that an opposing party refused to
8arbitrate, the court shall order the parties to proceed with
9arbitration. If the opposing party denies the existence of an
10agreement to arbitrate, the court shall proceed summarily to
11determine the issue so raised and shall order the parties to
12proceed with arbitration if it finds for the moving party.
13Otherwise, the application shall be denied.

14(b) Stay of arbitration.--On application of a party to a
15court to stay an arbitration proceeding threatened or commenced
16the court may stay an arbitration on a showing that there is no
17agreement to arbitrate. When in substantial and bona fide
18dispute, such an issue shall be forthwith and summarily tried
19and determined and a stay of the arbitration proceedings shall
20be ordered if the court finds for the moving party. If the court
21finds for the opposing party, the court shall order the parties
22to proceed with arbitration.

23(c) Venue.--If a controversy alleged to be or not to be
24referable to arbitration under the agreement is also involved in
25an action or proceeding pending in a court having jurisdiction
26to hear applications to compel or stay arbitration, the
27application shall be made to that court. Otherwise, subject to
28section 7319 (relating to venue of court proceedings), the
29application may be made in any court of competent jurisdiction.

30(d) Stay of judicial proceedings.--An action or proceeding,

1allegedly involving an issue subject to arbitration, shall be
2stayed if a court order to proceed with arbitration has been
3made or an application for such an order has been made under
4this section. If the issue allegedly subject to arbitration is
5severable, the stay of the court action or proceeding may be
6made with respect to the severable issue only. If the
7application for an order to proceed with arbitration is made in
8such action or proceeding and is granted, the court order to
9proceed with arbitration shall include a stay of the action or
10proceeding.

11(e) No examination of merits.--An application for a court
12order to proceed with arbitration shall not be refused, nor
13shall an application to stay arbitration be granted, by the
14court on the ground that the controversy lacks merit or bona
15fides or on the ground that no fault or basis for the
16controversy sought to be arbitrated has been shown.

17§ 7305. Appointment of arbitrators by court.

18If the agreement to arbitrate prescribes a method of
19appointment of arbitrators, the prescribed method shall be
20followed. In the absence of a prescribed method or if the
21prescribed method fails or for any reason cannot be followed, or
22when an arbitrator appointed fails to act or is unable to act
23and his successor has not been appointed, the court on
24application of a party shall appoint one or more arbitrators. An
25arbitrator so appointed has all the powers of an arbitrator
26specifically named in the agreement.

27§ 7306. Action by arbitrators.

28The powers of the arbitrators shall be exercised by a
29majority unless otherwise prescribed by the agreement or
30provided by this subchapter.

1§ 7307. Hearing before arbitrators.

2(a) General rule.--Unless otherwise prescribed by the
3agreement:

4(1) The arbitrators shall appoint a time and place for
5the arbitration hearing and cause written notice thereof to
6be served personally or by registered or certified mail on
7all parties not less than ten days before the hearing.
8Appearance at the hearing constitutes a waiver of such
9notice.

10(2) The arbitrators may adjourn the hearing from time to
11time as necessary and, on request of a party and for good
12cause, or upon their own motion, may postpone the hearing to
13a time not later than the date fixed by the agreement for
14making the award unless the parties consent to a later date.

15(3) The arbitrators may hear and determine the
16controversy upon the evidence produced at the arbitration
17hearing notwithstanding the failure of a duly notified party
18to appear. On application by a party the court may direct the
19arbitrators to proceed promptly with the hearing and
20determination of the controversy.

21(4) The parties and their attorneys have the right to be
22heard, to present evidence material to the controversy and to
23cross-examine witnesses appearing at the hearing.

24(5) The hearing shall be conducted by all the
25arbitrators but a majority may determine any issue and render
26a final award. If, during the course of the hearing, an
27arbitrator for any reason ceases to act, the remaining
28arbitrator or arbitrators appointed to act as neutrals may
29continue with the hearing and determine the controversy.

30(b) Record.--On request of a party who shall pay the fees

1therefor all testimony shall be taken stenographically and a
2transcript thereof made a part of the record.

3§ 7308. Representation by attorney.

4A party has the right to be represented by an attorney at any
5proceeding or hearing under this subchapter. A waiver thereof
6prior to the proceeding or hearing is ineffective.

7§ 7309. Witnesses, subpoenas, oaths and depositions.

8(a) General rule.--The arbitrators may issue subpoenas in
9the form prescribed by general rules for the attendance of
10witnesses and for the production of books, records, documents
11and other evidence. Subpoenas so issued shall be served and,
12upon application to the court by a party or by the arbitrators,
13shall be enforced in the manner provided or prescribed by law
14for the service and enforcement of subpoenas in a civil action.

15(b) Depositions.--On application of a party and for use as
16evidence the arbitrators, in the manner and upon the terms
17designated by them, may permit a deposition to be taken of a
18witness who cannot be served with a subpoena or who is unable to
19attend the hearing.

20(c) Compulsory testimony.--The arbitrators shall have power
21to administer oaths. All provisions of law compelling a person
22under subpoena to testify are applicable.

23(d) Fees.--Fees and expenses for attendance as a witness
24shall be governed by the provisions of section 5903 (relating to
25compensation and expenses of witnesses).

26§ 7310. Award of arbitrators.

27(a) General rule.--The award of the arbitrators shall be in
28writing and signed by the arbitrators joining in the award. The
29arbitrators shall deliver a copy of the award to each party
30personally or by registered or certified mail, or as prescribed

1in the agreement to arbitrate.

2(b) Time limitation.--The award shall be made within the
3time fixed by the agreement or, if not fixed by the agreement,
4within such time as is ordered by the court on application of a
5party. The parties by written stipulation may extend the time
6either before or after the expiration thereof. A party waives
7the objection that an award was not made within the time
8required unless he notifies the arbitrators of his objection
9prior to delivery of the award to him.

10§ 7311. Change of award by arbitrators.

11(a) General rule.--On application of a party to the
12arbitrators, or on submission to the arbitrators by the court
13under such conditions as the court may order if an application
14to the court is pending under section 7313 (relating to
15confirmation of award by court), section 7314 (relating to
16vacating award by court) or section 7315 (relating to
17modification or correction of award by court), the arbitrators
18may modify or correct the award upon the grounds stated in
19section 7315(a)(1) and (2), or for the purpose of clarifying the
20award.

21(b) Time limitation.--An application to the arbitrators
22under subsection (a) shall be made within ten days after
23delivery of the award to the applicant. Written notice of
24presentation of the application shall be given forthwith by the
25applicant to all other parties stating that they must serve
26objections thereto within ten days from the date of the notice.
27The award as modified or corrected is subject to the provisions
28of sections 7313, 7314 and 7315.

29§ 7312. Fees and expenses of arbitration.

30Unless otherwise prescribed in the agreement to arbitrate,

1the expenses and fees of the arbitrators and other expenses (but
2not including counsel fees) incurred in the conduct of the
3arbitration shall be paid as prescribed in the award.

4§ 7313. Confirmation of award by court.

5On application of a party, the court shall confirm an award,
6unless within the time limits imposed by this subchapter,
7grounds are urged for vacating or modifying or correcting the
8award, in which case the court shall proceed as provided in
9section 7314 (relating to vacating award by court) or section
107315 (relating to modification or correction of award by court).

11§ 7314. Vacating award by court.

12(a) General rule.--

13(1) On application of a party, the court shall vacate an
14award where:

15(i) the court would vacate the award under section
167341 (relating to common law arbitration) if this
17subchapter were not applicable;

18(ii) there was evident partiality by an arbitrator
19appointed as a neutral or corruption or misconduct in any
20of the arbitrators prejudicing the rights of any party;

21(iii) the arbitrators exceeded their powers;

22(iv) the arbitrators refused to postpone the hearing
23upon good cause being shown therefor or refused to hear
24evidence material to the controversy or otherwise so
25conducted the hearing, contrary to the provisions of
26section 7307 (relating to hearing before arbitrators), as
27to prejudice substantially the rights of a party; or

28(v) there was no agreement to arbitrate and the
29issue of the existence of an agreement to arbitrate was
30not adversely determined in proceedings under section

17304 (relating to court proceedings to compel or stay
2arbitration) and the applicant-party raised the issue of
3the existence of an agreement to arbitrate at the
4hearing.

5(2) The fact that the relief awarded by the arbitrators
6was such that it could not or would not be granted by a court
7of law or equity is not a ground for vacating or refusing to
8confirm the award.

9(b) Time limitation.--An application under this section
10shall be made within 30 days after delivery of a copy of the
11award to the applicant, except that, if predicated upon
12corruption, fraud, misconduct or other improper means, it shall
13be made within 30 days after such grounds are known or should
14have been known to the applicant.

15(c) Further hearing.--If the court vacates the award on
16grounds other than stated in subsection (a)(1)(v), the court may
17order a rehearing before new arbitrators chosen as prescribed in
18the agreement to arbitrate. Absent a method prescribed in the
19agreement to arbitrate, the court shall choose new arbitrators
20in accordance with section 7305 (relating to appointment of
21arbitrators by court). If the award is vacated on grounds not
22affecting the competency of the arbitrators under subsection (a)
23(1)(i) through (iv), the court may order a rehearing before the
24arbitrators who made the award or their successors appointed in
25accordance with section 7305. The time period within which the
26agreement requires the original award to be made is applicable
27to the rehearing and commences from the date of the court order
28directing a rehearing.

29(d) Confirmation of award.--If an application to vacate the
30award is denied and no application to modify or correct the

1award is pending, the court shall confirm the award.

2§ 7315. Modification or correction of award by court.

3(a) General rule.--On application to the court made within
430 days after delivery of a copy of the award to the applicant,
5the court shall modify or correct the award where:

6(1) there was an evident miscalculation of figures or an
7evident mistake in the description of any person, thing or
8property referred to in the award;

9(2) the arbitrators awarded upon a matter not submitted
10to them and the award may be corrected without affecting the
11merits of the decision upon the issues submitted; or

12(3) the award is deficient in a matter of form, not
13affecting the merits of the controversy.

14(b) Confirmation of award.--If an application to modify or
15correct the award is granted, the court shall modify and correct
16the award so as to effect its intent and shall confirm the award
17as so modified and corrected. Otherwise, the court shall confirm
18the award as made by the arbitrators.

19(c) Alternative applications.--An application to modify or
20correct an award may be joined in the alternative with an
21application to vacate the award.

22§ 7316. Judgment or decree on award.

23Upon the granting of an order of court confirming, modifying
24or correcting an award, a judgment or decree shall be entered in
25conformity with the order. The judgment or decree may be
26enforced as any other judgment or decree. Subject to general
27rules, costs of any application to the court and of the
28proceedings subsequent thereto, and disbursements may be imposed
29by the court.

30§ 7317. Form and service of applications to court.

1Except as otherwise prescribed by general rules, an
2application to the court under this subchapter shall be by
3petition and shall be heard in the manner and upon the notice
4provided or prescribed by law for the making and hearing of
5petitions in civil matters. Unless the parties otherwise agree,
6notice of an initial application for an order of court shall be
7served in the manner provided or prescribed by law for the
8service of a writ of summons in a civil action.

9§ 7318. Court and jurisdiction.

10The following words and phrases when used in this subchapter
11shall have, unless the context clearly indicates otherwise, the
12meanings given to them in this section:

13"Court." As used in this subchapter means any court of
14competent jurisdiction of this Commonwealth.

15"Jurisdiction." The making of an agreement described in
16section 7303 (relating to validity of agreement to arbitrate)
17providing for arbitration in this Commonwealth confers
18jurisdiction on the courts of this Commonwealth to enforce the
19agreement under this subchapter and to enter judgment on an
20award made thereunder.

21§ 7319. Venue of court proceedings.

22Except as otherwise prescribed by general rules:

23(1) An initial application to a court under this
24subchapter shall be made to the court of the county in which
25the agreement prescribes that the arbitration hearing shall
26be held or, if the hearing has been held, in the county in
27which the hearing was held.

28(2) If an application to a court cannot be made under
29paragraph (1) the application shall be made to the court in
30the county where the adverse party resides or has a place of

1business or, if he has no residence or place of business in
2this Commonwealth, to the court of any county.

3(3) All subsequent applications to a court shall be made
4to the court hearing the initial application unless that
5court otherwise directs.

6§ 7320. Appeals from court orders.

7(a) General rule.--An appeal may be taken from:

8(1) A court order denying an application to compel
9arbitration made under section 7304 (relating to proceedings
10to compel or stay arbitration).

11(2) A court order granting an application to stay
12arbitration made under section 7304(b).

13(3) A court order confirming or denying confirmation of
14an award.

15(4) A court order modifying or correcting an award.

16(5) A court order vacating an award without directing a
17rehearing.

18(6) A final judgment or decree of a court entered
19pursuant to the provisions of this subchapter.

20(b) Procedure.--The appeal shall be taken in the manner,
21within the time and to the same extent as an appeal from a final
22order of court in a civil action.]

23Section 2. Chapter 73 of Title 42 is amended by adding a
24subchapter to read:

25SUBCHAPTER A.1

26STATUTORY ARBITRATION

27Sec.

287321.1. Short title of subchapter.

297321.2. Definitions.

307321.3. Notice.

17321.4. When subchapter applies.

27321.5. Effect of agreement to arbitrate; nonwaivable
3provisions.

47321.6. Application for judicial relief.

57321.7. Validity of agreement to arbitrate.

67321.8. Motion to compel or stay arbitration.

77321.9. Provisional remedies.

87321.10. Initiation of arbitration.

97321.11. Consolidation of separate arbitration proceedings.

107321.12. Appointment of arbitrator; service as a neutral
11arbitrator.

127321.13. Disclosure by arbitrator.

137321.14. Action by majority.

147321.15. Immunity of arbitrator; competency to testify;
15attorney fees and costs.

167321.16. Arbitration process.

177321.17. Representation by lawyer.

187321.18. Witnesses; subpoenas; depositions; discovery.

197321.19. Judicial enforcement of preaward ruling by arbitrator.

207321.20. Award.

217321.21. Change of award by arbitrator.

227321.22. Remedies; fees and expenses of arbitration proceeding.

237321.23. Confirmation of award.

247321.24. Vacating award.

257321.25. Modification or correction of award.

267321.26. Judgment on award; attorney fees and litigation
27expenses.

287321.27. Jurisdiction.

297321.28. Venue.

307321.29. Appeals.

17321.30. Uniformity of application and construction.

27321.31. Relationship to Electronic Signatures in Global and
3National Commerce Act.

4§ 7321.1. Short title of subchapter.

5This subchapter shall be known and may be cited as the
6Statutory Arbitration Act.

7§ 7321.2. Definitions.

8The following words and phrases when used in this subchapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Arbitration organization." Any association, agency, board, 
12commission or other entity, that is neutral and initiates, 
13sponsors or administers an arbitration proceeding or is involved 
14in the appointment of an arbitrator.

15"Arbitrator." An individual appointed to render an award, 
16alone or with others, in a controversy that is subject to an 
17agreement to arbitrate.

18"Court." A court of competent jurisdiction in this 
19Commonwealth.

20"Knowledge." Actual knowledge.

21"Person." Any individual, corporation, business trust, 
22estate, trust, partnership, limited liability company, 
23association, joint venture; a government; a governmental 
24subdivision, agency or instrumentality; a public corporation; or 
25any other legal or commercial entity.

26"Record." Information that is inscribed on a tangible medium 
27or that is stored in an electronic or other medium and is 
28retrievable in perceivable form.

29§ 7321.3. Notice.

30(a) Giving notice.--Except as otherwise provided in this

1subchapter, a person gives notice to another person by taking
2action that is reasonably necessary to inform the other person
3in ordinary course, whether or not the other person acquires
4knowledge of the notice.

5(b) Having notice.--A person has notice if the person has
6knowledge of the notice or has received notice.

7(c) Receiving notice.--A person receives notice when it
8comes to the person's attention or the notice is delivered at:

9(1) the person's place of residence or place of
10business; or

11(2) another location held out by the person as a place
12of delivery of such communications.

13§ 7321.4. When subchapter applies.

14(a) Subsequent agreements.--This subchapter governs an
15agreement to arbitrate made on or after the effective date of
16this subchapter unless the parties have expressly provided in
17writing to the contrary.

18(b) Prior agreements.--Except as set forth in subsections 
19(c) and (d), this subchapter governs an agreement to arbitrate
20made before the effective date of this subchapter if all the
21parties to the agreement or to the arbitration proceeding so
22agree in a record.

23(c) Absolute date.--On or after January 1, <-2014 2015, this
24subchapter governs an agreement to arbitrate whenever made
25unless the parties have expressly provided in writing to the
26contrary.

27(d) Collective bargaining agreements.--This subchapter shall
28apply to collective bargaining agreements to arbitrate
29controversies between employers and employees or their
30respective representatives only to the extent that the

1arbitration pursuant to this subchapter is consistent with any
2other statute regulating labor and management relations.

3§ 7321.5. Effect of agreement to arbitrate; nonwaivable
4provisions.

5(a) Waiver or variance.--Except as otherwise provided in
6subsections (b) and (c), a party to an agreement to arbitrate or
7to an arbitration proceeding may waive, or the parties may vary
8the effect of, the requirements of this subchapter to the extent
9permitted by law.

10(b) Prior to controversy.--Before a controversy arises that
11is subject to an agreement to arbitrate, a party to the
12agreement may not do any of the following:

13(1) Waive or agree to vary the effect of the
14requirements of any of the following:

15(i) Section 7321.6(a) (relating to application for
16judicial relief).

17(ii) Section 7321.7(a) (relating to validity of
18agreement to arbitrate).

19(iii) Section 7321.8 (relating to provisional
20remedies).

21(iv) Section 7321.18(a) or (b) (relating to
22witnesses; subpoenas; depositions; discovery).

23(v) Section 7321.17 (relating to jurisdiction).

24(vi) Section 7321.29 (relating to appeals).

25(2) Agree to unreasonably restrict the right under
26section 7321.10 (relating to initiation of arbitration) to
27notice of the initiation of an arbitration proceeding.

28(3) Agree to unreasonably restrict the right under
29section 7321.13 (relating to disclosure by arbitrator) to
30disclosure of any facts by a neutral arbitrator.

1(4) Waive the right under section 7321.17 (relating to
2representation by lawyer) of a party to an agreement to
3arbitrate to be represented by a lawyer at any proceeding or
4hearing under this subchapter, but an employer and a labor
5organization may waive the right to representation by a
6lawyer in a labor arbitration.

7(c) Absolute prohibition.--A party to an agreement to
8arbitrate or an arbitration proceeding may not waive, or the
9parties may not vary the effect of, the requirements of any of
10the following:

11(1) This section.

12(2) Section 7321.4(a) or (c) (relating to when
13subchapter applies).

14(3) Section 7321.8 (relating to motion to compel or stay
15arbitration).

16(4) Section 7321.15 (relating to immunity of arbitrator;
17competency to testify; attorney fees and costs).

18(5) Section 7321.19 (relating to judicial enforcement of
19preaward ruling by arbitrator).

20(6) Section 7321.21(d) or (e) (relating to change of
21award by arbitrator).

22(7) Section 7321.23 (relating to confirmation of award).

23(8) Section 7321.24 (relating to vacating award).

24(9) Section 7321.25 (relating to modification or
25correction of award).

26(10) Section 7321.26(a) or (b) (relating to judgment on
27award; attorney fees and litigation expenses).

28(11) Section 7321.30 (relating to uniformity of
29application and construction).

30(12) Section 7321.31 (relating to relationship to

1Electronic Signatures in Global and National Commerce Act).

2§ 7321.6. Application for judicial relief.

3(a) Procedure.--Except as otherwise provided in section
47321.29 (relating to appeals), an application for judicial
5relief under this subchapter must be made by motion to the court
6and heard in the manner provided by law or rule of court for
7making and hearing motions.

8(b) Service.--Unless a civil action involving the agreement
9to arbitrate is pending, notice of an initial motion to the
10court under this subchapter must be served in the manner
11provided by law for the service of a summons in a civil action.
12Otherwise, notice of the motion must be given in the manner
13provided by law or rule of court for serving motions in pending
14cases.

15§ 7321.7. Validity of agreement to arbitrate.

16(a) General rule.--An agreement contained in a record to
17submit to arbitration any existing or subsequent controversy
18arising between the parties to the agreement is valid,
19enforceable, and irrevocable except upon a ground that exists at
20law or in equity for the revocation of a contract.

21(b) Court decision.--The court shall decide whether an
22agreement to arbitrate exists or a controversy is subject to an
23agreement to arbitrate.

24(c) Arbitrator decision.--An arbitrator shall decide whether
25a condition precedent to arbitrability has been fulfilled and
26whether a contract containing a valid agreement to arbitrate is
27enforceable.

28(d) Challenge to arbitration.--If a party to a judicial
29proceeding challenges the existence of, or claims that a
30controversy is not subject to, an agreement to arbitrate, the

1arbitration proceeding may continue pending final resolution of
2the issue by the court, unless the court otherwise orders.

3§ 7321.8. Motion to compel or stay arbitration.

4(a) Refusal to arbitrate under agreement.--On motion of a
5person showing an agreement to arbitrate and alleging another
6person's refusal to arbitrate pursuant to the agreement:

7(1) if the refusing party does not appear or does not
8oppose the motion, the court shall order the parties to
9arbitrate; and

10(2) if the refusing party opposes the motion, the court
11shall proceed summarily to decide the issue and order the
12parties to arbitrate unless it finds that there is no
13enforceable agreement to arbitrate.

14(b) Agreement challenged.--On motion of a person alleging
15that an arbitration proceeding has been initiated or threatened
16but that there is no agreement to arbitrate, the court shall
17proceed summarily to decide the issue. If the court finds that
18there is an enforceable agreement to arbitrate, it shall order
19the parties to arbitrate.

20(c) Enforceable agreement required.--If the court finds that
21there is no enforceable agreement, it may not pursuant to
22subsection (a) or (b) order the parties to arbitrate.

23(d) Court refusal.--The court may not refuse to order
24arbitration because the claim subject to arbitration lacks merit
25or grounds for the claim have not been established.

26(e) Appropriate court.--If a proceeding involving a claim
27referable to arbitration under an alleged agreement to arbitrate
28is pending in court, a motion under this section must be made in
29that court. Otherwise, a motion under this section may be made
30in any court as provided in section 7321.28 (relating to venue).

1(f) Stay of claims alleged subject to arbitration.--If a
2party makes a motion to the court to order arbitration, the
3court on just terms shall stay a judicial proceeding that
4involves a claim alleged to be subject to the arbitration until
5the court renders a final decision under this section.

6(g) Stay of claims subject to arbitration.--If the court
7orders arbitration, the court on just terms shall stay a
8judicial proceeding that involves a claim subject to the
9arbitration. If a claim subject to the arbitration is severable,
10the court may limit the stay to that claim.

11§ 7321.9. Provisional remedies.

12(a) Court.--Before an arbitrator is appointed and is
13authorized and able to act, the court, upon motion of a party to
14an arbitration proceeding and for good cause shown, may enter an
15order for provisional remedies to protect the effectiveness of
16the arbitration proceeding to the same extent and under the same
17conditions as if the controversy were the subject of a civil
18action.

19(b) Arbitrator.--After an arbitrator is appointed and is
20authorized and able to act:

21(1) the arbitrator may issue orders for provisional
22remedies, including interim awards, as the arbitrator finds
23necessary to protect the effectiveness of the arbitration
24proceeding and to promote the fair and expeditious resolution
25of the controversy, to the same extent and under the same
26conditions as if the controversy were the subject of a civil
27action; and

28(2) a party to an arbitration proceeding may move the
29court for a provisional remedy only if the matter is urgent
30and the arbitrator is not able to act timely or the

1arbitrator cannot provide an adequate remedy.

2(c) Effect.--A party does not waive a right of arbitration
3by making a motion under subsection (a) or (b).

4§ 7321.10. Initiation of arbitration.

5(a) Notice.--A person initiates an arbitration proceeding by
6giving notice in a record to the other parties to the agreement
7to arbitrate in the agreed manner between the parties or, in the
8absence of agreement, by certified or registered mail, return
9receipt requested and obtained, or by service as authorized for
10the commencement of a civil action. The notice must describe the
11nature of the controversy and the remedy sought.

12(b) Lack of notice.--Unless a person objects for lack or
13insufficiency of notice under section 7321.16 (relating to
14arbitration process) not later than at the beginning of the
15arbitration hearing, the person by appearing at the hearing
16waives any objection to lack of or insufficiency of notice.

17§ 7321.11. Consolidation of separate arbitration proceedings.

18(a) Conditions.--Except as otherwise provided in subsection
19(c), upon motion of a party to an agreement to arbitrate or to
20an arbitration proceeding, the court may order consolidation of
21separate arbitration proceedings as to all or some of the claims
22if:

23(1) there are separate agreements to arbitrate or
24separate arbitration proceedings between the same persons, or
25one of them is a party to a separate agreement to arbitrate
26or a separate arbitration proceeding with a third person;

27(2) the claims subject to the agreements to arbitrate
28arise in substantial part from the same transaction or series
29of related transactions;

30(3) the existence of a common issue of law or fact

1creates the possibility of conflicting decisions in the
2separate arbitration proceedings; and

3(4) prejudice resulting from a failure to consolidate is
4not outweighed by the risk of undue delay or prejudice to the
5rights of or hardship to parties opposing consolidation.

6(b) Partial consolidation.--The court may order
7consolidation of separate arbitration proceedings as to some
8claims and allow other claims to be resolved in separate
9arbitration proceedings.

10(c) Agreement governs.--The court may not order
11consolidation of the claims of a party to an agreement to
12arbitrate if the agreement prohibits consolidation.

13§ 7321.12. Appointment of arbitrator; service as a neutral
14arbitrator.

15(a) Appointment.--If the parties to an agreement to
16arbitrate agree on a method for appointing an arbitrator, that
17method must be followed, unless the method fails. If the parties
18have not agreed on a method, the agreed method fails or an
19arbitrator appointed fails or is unable to act and a successor
20has not been appointed, the court, on motion of a party to the
21arbitration proceeding, shall appoint the arbitrator. An
22arbitrator appointed by the court has all the powers of an
23arbitrator designated in the agreement to arbitrate or appointed
24pursuant to the agreed method.

25(b) Neutral service.--An individual who has a known, direct
26and material interest in the outcome of the arbitration
27proceeding or a known, existing and substantial relationship
28with a party may not serve as an arbitrator required by an
29agreement to be neutral.

30§ 7321.13. Disclosure by arbitrator.

1(a) Preappointment.--Before accepting appointment, an
2individual who is requested to serve as an arbitrator, after
3making a reasonable inquiry, shall disclose to all parties to
4the agreement to arbitrate and the arbitration proceeding and to
5any other arbitrators any known facts that a reasonable person
6would consider likely to affect the impartiality of the
7arbitrator in the arbitration proceeding, including:

8(1) a financial or personal interest in the outcome of
9the arbitration proceeding; and

10(2) an existing or past relationship with any of the
11parties to the agreement to arbitrate or the arbitration
12proceeding, their counsel or representatives, a witness or
13another arbitrator.

14(b) Continuing.--An arbitrator has a continuing obligation
15to disclose to all parties to the agreement to arbitrate and the
16arbitration proceeding and to other arbitrators facts that the
17arbitrator learns after accepting appointment that a reasonable
18person would consider likely to affect the impartiality of the
19arbitrator.

20(c) Objection.--If an arbitrator discloses a fact required
21by subsection (a) or (b) to be disclosed and a party timely
22objects to the appointment or continued service of the
23arbitrator based upon the fact disclosed, the objection may be a
24ground under section 7321.24(a)(2) (relating to vacating award)
25for vacating an award made by the arbitrator.

26(d) Nondisclosure.--If the arbitrator does not disclose a
27fact as required by subsection (a) or (b), upon timely objection
28by a party, the court under section 7321.24(a)(2) may vacate an
29award.

30(e) Presumption of neutrality.--An arbitrator appointed as a

1neutral arbitrator who does not disclose a known, direct and
2material interest in the outcome of the arbitration proceeding
3or a known, existing and substantial relationship with a party
4is presumed to act with evident partiality under section
57321.24(a)(2).

6(f) Procedure to challenge arbitrator.--If the parties to an
7arbitration proceeding agree to the procedures of an arbitration
8organization or other procedures for challenges to arbitrators
9before an award is made, substantial compliance with those
10procedures is a condition precedent to a motion to vacate an
11award on that ground under section 7321.24(a)(2).

12§ 7321.14. Action by majority.

13If there is more than one arbitrator, the powers of an
14arbitrator must be exercised by a majority of the arbitrators;
15but all of them shall conduct the hearing under section
167321.16(c) (relating to arbitration process).

17§ 7321.15. Immunity of arbitrator; competency to testify;
18attorney fees and costs.

19(a) Immunity.--An arbitrator or an arbitration organization
20acting in that capacity is immune from civil liability to the
21same extent as a judge of a court of this Commonwealth acting in
22a judicial capacity.

23(b) Other immunity.--The immunity afforded by this section
24supplements any immunity under other law.

25(c) Failure to disclose.--The failure of an arbitrator to
26make a disclosure required by section 7321.13 (relating to
27disclosure by arbitrator) does not cause a loss of immunity
28under this section.

29(d) Competence to testify.--In a judicial, administrative or
30similar proceeding, an arbitrator or representative of an

1arbitration organization is not competent to testify and may not
2be required to produce records as to any statement, conduct,
3decision or ruling occurring during the arbitration proceeding,
4to the same extent as a judge of a court of this Commonwealth
5acting in a judicial capacity. This subsection does not apply:

6(1) to the extent necessary to determine the claim of an
7arbitrator, arbitration organization or representative of the
8arbitration organization against a party to the arbitration
9proceeding; or

10(2) to a hearing on a motion to vacate an award under
11section 7321.24(a)(1) or (2) (relating to vacating award) if
12the movant establishes prima facie that a ground for vacating
13the award exists.

14(e) Attorney fees and costs.--If a person commences a civil
15action against an arbitrator, arbitration organization or
16representative of an arbitration organization arising from the
17services of the arbitrator, organization or representative or if
18a person seeks to compel an arbitrator or a representative of an
19arbitration organization to testify or produce records in
20violation of subsection (d) and the court decides that the
21arbitrator, arbitration organization or representative of an
22arbitration organization is immune from civil liability or that
23the arbitrator or representative of the organization is not
24competent to testify, the court shall award to the arbitrator,
25organization or representative reasonable attorney fees and
26other reasonable expenses of litigation.

27§ 7321.16. Arbitration process.

28(a) Discretion of arbitrator.--An arbitrator may conduct an
29arbitration in a manner as the arbitrator considers appropriate
30for a fair and expeditious disposition of the proceeding. The

1authority conferred upon the arbitrator includes the power to
2hold conferences with the parties to the arbitration proceeding
3before the hearing and, among other matters, determine the
4admissibility, relevance, materiality and weight of any
5evidence.

6(b) Summary disposition.--An arbitrator may decide a request
7for summary disposition of a claim or particular issue:

8(1) if all interested parties agree; or

9(2) upon request of one party to the arbitration
10proceeding if that party gives notice to all other parties to
11the proceeding and if the other parties have a reasonable
12opportunity to respond.

13(c) Notice and hearing.--If an arbitrator orders a hearing,
14the arbitrator shall set a time and place and give notice of the
15hearing not less than five days before the hearing begins.
16Unless a party to the arbitration proceeding makes an objection
17to lack or insufficiency of notice not later than the beginning
18of the hearing, the party's appearance at the hearing waives the
19objection. Upon request of a party to the arbitration proceeding
20and for good cause shown, or upon the arbitrator's own
21initiative, the arbitrator may adjourn the hearing as necessary
22but may not postpone the hearing to a time later than that fixed
23by the agreement to arbitrate for making the award unless the
24parties to the arbitration proceeding consent to a later date.
25The arbitrator may hear and decide the controversy upon the
26evidence produced although a party who was notified of the
27arbitration proceeding did not appear. The court, on request,
28may direct the arbitrator to conduct the hearing promptly and
29render a timely decision.

30(d) Procedure.--At a hearing under subsection (c), a party

1to the arbitration proceeding has a right to be heard, to
2present evidence material to the controversy and to cross-
3examine witnesses appearing at the hearing.

4(e) Replacement.--If an arbitrator ceases or is unable to
5act during the arbitration proceeding, a replacement arbitrator
6must be appointed in accordance with section 7321.12 (relating
7to appointment of arbitrator; service as a neutral arbitrator)
8to continue the proceeding and to resolve the controversy.

9§ 7321.17. Representation by lawyer.

10A party to an arbitration proceeding may be represented by a
11lawyer.

12§ 7321.18. Witnesses; subpoenas; depositions; discovery.

13(a) Subpoenas.--An arbitrator may issue a subpoena for the
14attendance of a witness and for the production of records and
15other evidence at a hearing and may administer oaths. A subpoena
16must be served in the manner for service of subpoenas in a civil
17action and, upon motion to the court by a party to the
18arbitration proceeding or the arbitrator, may be enforced in the
19manner for enforcement of subpoenas in a civil action.

20(b) Depositions.--In order to make the proceedings fair,
21expeditious and cost effective, upon request of a party to or a
22witness in an arbitration proceeding, an arbitrator may permit a
23deposition of a witness to be taken for use as evidence at the
24hearing, including a witness who cannot be subpoenaed for or is
25unable to attend a hearing. The arbitrator shall determine the
26conditions under which the deposition is taken.

27(c) Discovery.--An arbitrator may permit discovery as the
28arbitrator decides is appropriate in the circumstances, taking
29into account the needs of the parties to the arbitration
30proceeding and other affected persons and the desirability of

1making the proceeding fair, expeditious and cost effective.

2(d) Compliance with discovery.--If an arbitrator permits
3discovery under subsection (c), the arbitrator may order a party
4to the arbitration proceeding to comply with the arbitrator's
5discovery-related orders, issue subpoenas for the attendance of
6a witness and for the production of records and other evidence
7at a discovery proceeding and take action against a noncomplying
8party to the extent a court could if the controversy were the
9subject of a civil action in this Commonwealth.

10(e) Protective orders.--An arbitrator may issue a protective
11order to prevent the disclosure of privileged information,
12confidential information, trade secrets and other information
13protected from disclosure to the extent a court could if the
14controversy were the subject of a civil action in this
15Commonwealth.

16(f) Compulsory laws.--All laws compelling a person under
17subpoena to testify and all fees for attending a judicial
18proceeding, a deposition or a discovery proceeding as a witness
19apply to an arbitration proceeding as if the controversy were
20the subject of a civil action in this Commonwealth.

21(g) Enforcement.--The court may enforce a subpoena or
22discovery-related order for the attendance of a witness within
23this Commonwealth and for the production of records and other
24evidence issued by an arbitrator in connection with an
25arbitration proceeding in another state upon conditions
26determined by the court so as to make the arbitration proceeding
27fair, expeditious and cost effective. A subpoena or discovery-
28related order issued by an arbitrator in another state must be
29served in the manner provided by law for service of subpoenas in
30a civil action in this Commonwealth and, upon motion to the

1court by a party to the arbitration proceeding or the
2arbitrator, may be enforced in the manner provided by law for
3enforcement of subpoenas in a civil action in this Commonwealth.

4§ 7321.19. Judicial enforcement of preaward ruling by
5arbitrator.

6If an arbitrator makes a preaward ruling in favor of a party
7to the arbitration proceeding, the party may request the
8arbitrator to incorporate the ruling into an award under section
97321.20 (relating to award). A prevailing party may make a
10motion to the court for an expedited order to confirm the award
11under section 7321.23 (relating to confirmation of award), in
12which case the court shall summarily decide the motion. The
13court shall issue an order to confirm the award unless the court
14vacates, modifies or corrects the award under section 7321.24
15(relating to vacating award) or 7321.25 (relating to
16modification or correction of award).

17§ 7321.20. Award.

18(a) Record.--An arbitrator shall make a record of an award.
19The record must be signed or otherwise authenticated by a
20arbitrator who concurs with the award. The arbitrator or the
21arbitration organization shall give notice of the award,
22including a copy of the award, to each party to the arbitration
23proceeding.

24(b) Time.--An award must be made within the time specified
25by the agreement to arbitrate or, if not specified in the
26agreement, within the time ordered by the court. The court may
27extend or the parties to the arbitration proceeding may agree in
28a record to extend the time. The court or the parties may do so
29within or after the time specified or ordered. A party waives an
30objection that an award was not timely made unless the party

1gives notice of the objection to the arbitrator before receiving
2notice of the award.

3§ 7321.21. Change of award by arbitrator.

4(a) Motion.--On motion to an arbitrator by a party to an
5arbitration proceeding, the arbitrator may modify or correct an
6award:

7(1) upon a ground stated in section 7321.25(a)(1) or (3)
8(relating to modification or correction of award);

9(2) because the arbitrator has not made a final and
10definite award upon a claim submitted by the parties to the
11arbitration proceeding; or

12(3) to clarify the award.

13(b) Time for motion.--A motion under subsection (a) must be
14made and notice given to all parties within 20 days after the
15movant receives notice of the award.

16(c) Time for objection to motion.--A party to the
17arbitration proceeding must give notice of an objection to the
18motion within ten days after receipt of the notice.

19(d) Pending motion to court.--If a motion to the court is
20pending under section 7321.23 (relating to confirmation of
21award), 7321.24 (relating to vacating award) or 7321.25, the
22court may submit the claim to the arbitrator to consider whether
23to modify or correct the award:

24(1) upon a ground stated in section 7321.25(a)(1) or
25(3);

26(2) because the arbitrator has not made a final and
27definite award upon a claim submitted by the parties to the
28arbitration proceeding; or

29(3) to clarify the award.

30(e) Other provisions applicable.--An award modified or

1corrected pursuant to this section is subject to sections
27321.20(a) (relating to award), 7321.23, 7321.24 and 7321.25.

3§ 7321.22. Remedies; fees and expenses of arbitration
4proceeding.

5(a) Punitive damages.--An arbitrator may award punitive
6damages or other exemplary relief if such an award is authorized
7by law in a civil action involving the same claim and the
8evidence produced at the hearing justifies the award under the
9legal standards otherwise applicable to the claim.

10(b) Attorney fees and costs.--An arbitrator may award
11reasonable attorney fees and other reasonable expenses of
12arbitration if the award is authorized by law in a civil action
13involving the same claim or by the agreement of the parties to
14the arbitration proceeding.

15(c) Additional remedies.--As to all remedies other than
16those authorized by subsections (a) and (b), an arbitrator may
17order remedies as the arbitrator considers just and appropriate
18under the circumstances of the arbitration proceeding. The fact
19that a remedy could not or would not be granted by the court is
20not a ground for refusing to confirm an award under section
217321.23 (relating to confirmation of award) or for vacating an
22award under section 7321.24 (relating to vacating award).

23(d) Arbitrator costs and fees.--An arbitrator's expenses and
24fees, together with other expenses, must be paid as provided in
25the award.

26(e) Justification for punitive damages.--If an arbitrator
27awards punitive damages or other exemplary relief under
28subsection (a), the arbitrator shall specify in the award the
29basis in fact justifying and the basis in law authorizing the
30award and state separately the amount of the punitive damages or

1other exemplary relief.

2§ 7321.23. Confirmation of award.

3After a party to an arbitration proceeding receives notice of
4an award, the party must make a motion to the court for an order
5confirming the award, at which time the court shall issue a
6confirming order unless the award is modified or corrected
7pursuant to section 7321.21 (relating to change of award by
8arbitrator) or 7321.25 (relating to modification or correction
9of award) or is vacated pursuant to section 7321.24 (relating to
10vacating award).

11§ 7321.24. Vacating award.

12(a) Grounds.--Upon motion to the court by a party to an
13arbitration proceeding, the court shall vacate an award made in
14the arbitration proceeding if:

15(1) the award was procured by corruption, fraud or other
16undue means;

17(2) there was:

18(i) evident partiality by an arbitrator appointed as
19a neutral arbitrator;

20(ii) corruption by an arbitrator; or

21(iii) misconduct by an arbitrator prejudicing the
22rights of a party to the arbitration proceeding;

23(3) an arbitrator refused to postpone the hearing upon
24showing of sufficient cause for postponement, refused to
25consider evidence material to the controversy or otherwise
26conducted the hearing contrary to section 7321.16 (relating
27to arbitration process), so as to prejudice substantially the
28rights of a party to the arbitration proceeding;

29(4) an arbitrator exceeded the arbitrator's powers;

30(5) there was no agreement to arbitrate, unless the

1person participated in the arbitration proceeding without
2raising the objection under section 7321.16(c) not later than
3the beginning of the arbitration hearing; or

4(6) the arbitration was conducted without proper notice
5of the initiation of an arbitration as required in section
67321.10 (relating to initiation of arbitration) so as to
7prejudice substantially the rights of a party to the
8arbitration proceeding.

9(b) Time.--A motion under this section must be filed within
1030 days after the movant receives notice of the award pursuant
11to section 7321.20 (relating to award) or within 30 days after
12the movant receives notice of a modified or corrected award
13pursuant to section 7321.21 (relating to change of award by
14arbitrator), unless the movant alleges that the award was
15procured by corruption, fraud or other undue means, in which
16case the motion must be made within 30 days after the ground is
17known or by the exercise of reasonable care would have been
18known by the movant.

19(c) Rehearing.--If the court vacates an award on a ground
20other than that set forth in subsection (a)(5), it may order a
21rehearing. If the award is vacated on a ground stated in
22subsection (a)(1) or (2), the rehearing shall be before a new
23arbitrator. If the award is vacated on a ground stated in
24subsection (a)(3), (4) or (6), the rehearing may be before the
25arbitrator who made the award or the arbitrator's successor. The
26arbitrator shall render the decision in the rehearing within the
27same time as that provided in section 7321.20(b) for an award.

28(d) Confirmation.--If the court denies a motion to vacate an
29award, it shall confirm the award unless a motion to modify or
30correct the award is pending.

1§ 7321.25. Modification or correction of award.

2(a) Grounds.--Upon motion made within 90 days after the
3movant receives notice of the award pursuant to section 7321.20
4(relating to award) or within 90 days after the movant receives
5notice of a modified or corrected award pursuant to section
67321.21 (relating to change of award by arbitrator), the court
7shall modify or correct the award if:

8(1) there was an evident mathematical miscalculation or
9an evident mistake in the description of a person, thing or
10property referred to in the award;

11(2) the arbitrator has made an award on a claim not
12submitted to the arbitrator and the award may be corrected
13without affecting the merits of the decision upon the claims
14submitted; or

15(3) the award is imperfect in a matter of form not
16affecting the merits of the decision on the claims submitted.

17(b) Court action.--If a motion made under subsection (a) is
18granted, the court shall modify or correct and confirm the award
19as modified or corrected. Otherwise, unless a motion to vacate
20is pending, the court shall confirm the award.

21(c) Joinder.--A motion to modify or correct an award
22pursuant to this section may be joined with a motion to vacate
23the award under section 7321.24 (relating to vacating award).

24§ 7321.26. Judgment on award; attorney fees and litigation
25expenses.

26(a) Judgment.--Upon granting an order confirming, vacating
27without directing a rehearing, modifying or correcting an award,
28the court shall enter a judgment in conformity with the order.
29The judgment may be recorded, docketed and enforced as any other
30judgment in a civil action.

1(b) Court costs.--A court may allow reasonable costs of the
2motion and subsequent judicial proceedings.

3(c) Attorney fees and costs.--On application of a prevailing
4party to a contested judicial proceeding under section 7321.23
5(relating to confirmation of award), 7321.24 (relating to
6vacating award) or 7321.25 (relating to modification or
7correction of award), the court may add reasonable attorney fees
8and other reasonable expenses of litigation incurred in a
9judicial proceeding after the award is made to a judgment
10confirming, vacating without directing a rehearing, modifying or
11correcting an award.

12§ 7321.27. Jurisdiction.

13(a) Enforcement.--A court having jurisdiction over the
14controversy and the parties may enforce an agreement to
15arbitrate.

16(b) Exclusivity.--An agreement to arbitrate providing for
17arbitration in this Commonwealth confers exclusive jurisdiction
18on the court to enter judgment on an award under this
19subchapter.

20§ 7321.28. Venue.

21A motion pursuant to section 7321.6 (relating to application
22for judicial relief) must be made in the court of the county in
23which the agreement to arbitrate specifies the arbitration
24hearing is to be held or, if the hearing has been held, in the
25court of the county in which it was held. Otherwise, the motion
26may be made in the court of any county in which an adverse party
27resides or has a place of business or, if no adverse party has a
28residence or place of business in this Commonwealth, in the
29court of any county in this Commonwealth. All subsequent motions
30must be made in the court hearing the initial motion unless the

1court otherwise directs.

2§ 7321.29. Appeals.

3(a) Appealable orders.--An appeal may be taken from:

4(1) an order denying a motion to compel arbitration;

5(2) an order granting a motion to stay arbitration;

6(3) an order confirming or denying confirmation of an
7award;

8(4) an order modifying or correcting an award;

9(5) an order vacating an award without directing a
10rehearing; or

11(6) a final judgment entered pursuant to this
12subchapter.

13(b) Procedure.--An appeal under this section must be taken
14as from an order or a judgment in a civil action and must be
15taken within 30 days of the order or judgment.

16§ 7321.30. Uniformity of application and construction.

17In applying and construing this subchapter, consideration
18shall be given to the need to promote uniformity of the law with
19respect to its subject matter among states that enact it.

20§ 7321.31. Relationship to Electronic Signatures in Global and
21National Commerce Act.

22The provisions of this subchapter governing the legal effect, 
23validity and enforceability of electronic records or electronic 
24signatures and of contracts performed with the use of such 
25records or signatures conform to the requirements of section 102 
26of the Electronic Signatures in Global and National Commerce Act 
27(Public Law 106-229, 15 U.S.C. § 7002).

28Section 3. Sections 7341 and 7342 of Title 42 are amended to
29read:

30§ 7341. Common law arbitration.

1The award of an arbitrator in a nonjudicial arbitration which
2is not subject to Subchapter [A] A.1 (relating to statutory
3arbitration) or a similar statute regulating nonjudicial
4arbitration proceedings is binding and may not be vacated or
5modified unless it is clearly shown that a party was denied a
6hearing or that fraud, misconduct, corruption or other
7irregularity caused the rendition of an unjust, inequitable or
8unconscionable award.

9§ 7342. Procedure.

10(a) General rule.--The following provisions of Subchapter
11[A] A.1 (relating to statutory arbitration) shall be applicable
12to arbitration conducted pursuant to this subchapter:

13[Section 7303 (relating to validity of agreement to
14arbitrate).

15Section 7304 (relating to court proceedings to compel or stay
16arbitration).

17Section 7305 (relating to appointment of arbitrators by
18court).

19Section 7309 (relating to witnesses, subpoenas, oaths and
20depositions).

21Section 7317 (relating to form and service of applications to
22court).

23Section 7318 (relating to court and jurisdiction).

24Section 7319 (relating to venue of court proceedings).

25Section 7320 (relating to appeals from court orders), except
26subsection (a)(4).]

27Section 7321.6 (relating to application for judicial relief).

28Section 7321.7(a) (relating to validity of agreement to
29arbitrate).

30Section 7321.8 (relating to motion to compel or stay

1arbitration).

2Section 7321.12(a) (relating to appointment of arbitrator;
3service as a neutral arbitrator).

4Section 7321.18 (relating to witnesses; subpoenas;
5depositions; discovery).

6Section 7321.27 (relating to jurisdiction).

7Section 7321.28 (relating to venue).

8Section 7321.29 (relating to appeals), except subsection (a)
9(4).

10(b) Confirmation and judgment.--On application of a party
11made more than 30 days after an award is made by an arbitrator
12under section 7341 (relating to common law arbitration), the
13court shall enter an order confirming the award and shall enter
14a judgment or decree in conformity with the order. [Section
157302(d)(2) (relating to special application) shall not be
16applicable to proceedings under this subchapter.]

17Section 4. This act shall not be construed to affect an
18action or proceeding commenced or right accrued before the
19effective date of this section.

20Section 5. Subject to 42 Pa.C.S. § 7321.4 of this act, an
21arbitration agreement made before the effective date of this
22section shall be governed by the former provisions of 42 Pa.C.S. 
23Ch. 73 Subch. A.

24Section 6. This act shall take effect January 1, 2014.