Trial Engrossment of Amendment A02944 to House Bill 1366 P.N. 2383, Regular Session 2021-2022

A02944

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1366

Session of

2021

INTRODUCED BY KLUNK, R. BROWN, KAUFFMAN, KNOWLES, MILLARD,

PICKETT, RYAN, SCHEMEL, STEPHENS AND ECKER, MAY 10, 2021

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, NOVEMBER 9, 2021

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, adopting the Uniform

Family Law Arbitration Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 73 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER D

UNIFORM FAMILY LAW ARBITRATION

Sec.

7371. Short tile TITLE of subchapter.

7372. Definitions.

7373. Scope of subchapter.

7374. Applicable law.

7375. Arbitration agreement.

7376. Notice of arbitration.

7377. Motion for judicial relief.

7378. Qualification and selection of arbitrator.

7379. Disclosure by arbitrator and disqualification.

7380. Party participation.

7381. Temporary order or award.

7382. Protection of party or child.

7383. Powers and duties of arbitrator.

7384. Recording of hearing.

7385. Award.

7386. Confirmation of award.

7387. Correction by arbitrator of unconfirmed award.

7388. Correction or confirmation by court of unconfirmed award.

7389. Vacation, amendment or confirmation by court of

unconfirmed award.

7390. Clarification of confirmed award.

7391. Judgment on award.

7392. Modification of confirmed award or judgment.

7393. Enforcement of confirmed award.

7394. Appeal.

7395. Immunity of arbitrator.

7396. Uniformity of application and construction.

7397. Relation to Electronic Signatures in Global and National

Commerce Act.

7398. T ransitional provision.

§ 7371. Short title of subchapter.

This subchapter shall be known and may be cited as the

Uniform Family Law Arbitration Act.

§ 7372. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Arbitration agreement." An agreement which subjects a

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family law dispute to arbitration.

"Arbitration organization." An association, agency, board,

commission or other entity which is neutral and initiates,

sponsors or administers an arbitration or is involved in the

selection of an arbitrator.

"Arbitrator." An individual selected or appointed, alone or

with others, to make an award in a family law dispute which is

subject to an arbitration agreement.

"Award." Any interim award, temporary order or final

disposition of a family law dispute by an arbitrator.

"Child custody dispute." A family law dispute regarding

legal custody, physical custody, parenting plans, parental

duties, relocation or supervised physical custody of a child.

"Child support dispute." A family law dispute regarding

financial support of a child.

"Court." A court of common pleas which has jurisdiction over

a family law dispute.

"Family law dispute." A contested issue arising under 23

Pa.C.S. (relating to domestic relations). The term does not

include an issue under section 7373(b) (relating to scope of

subchapter).

"Party." An individual who signs an arbitration agreement

and whose rights will be determined by an award.

"Person. An individual, estate, business or nonprofit

entity, public corporation, government or governmental

subdivision, agency or instrumentality or any other legal

entity.

"Protection order." An injunction or other order, issued

under the domestic-violence, family-violence or stalking laws of

the issuing jurisdiction, to prevent an individual from engaging

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in a violent or threatening act against, harassment of, contact

or communication with or being in physical proximity to, another

individual who is a party or a child under the custodial

responsibility of a party.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

"State." A state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession subject to the jurisdiction of

the United States. The term includes a federally recognized

Indian tribe.

§ 7373. Scope of subchapter.

(a) Coverage.--Except as set forth in subsection (b), this

subchapter governs arbitration of a family law dispute.

(b) Exceptions.--This subchapter does not authorize an

arbitrator to make an award which:

(1) grants a divorce or annulment;

(2) terminates parental rights;

(3) grants an adoption or a guardianship of a child or

incapacitated individual; or

(4) determines the status of a child under Ch. 63

(relating to juvenile matters).

§ 7374. Applicable law.

(a) Revised Statutory Arbitration Act.--

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(1) Subject to paragraph (2), the law applicable to

arbitration is Subchapter A.1 (relating to revised statutory

arbitration).

(2) If there is a conflict between Subchapter A.1 and

this subchapter, this subchapter controls.

(b) Choice of law.--In determining the merits of a family

law dispute, an arbitrator shall apply the law of this

Commonwealth, including its choice of law rules.

§ 7375. Arbitration agreement.

(a) Requirements.--An arbitration agreement must:

(1) be in a record signed by the parties;

(2) identify the arbitrator, an arbitration organization

or a method of selecting an arbitrator; and

(3) identify the family law dispute the parties intend

to arbitrate.

(b) Effect.--Except as set forth in subsection (c), an

agreement in a record to arbitrate a family law dispute which

arises between the parties is:

(1) valid and enforceable as any other contract; and

(2) irrevocable, except on a ground that exists at law

or in equity for the revocation of a contract.

child custody dispute or child support dispute, which arises

between the parties after the agreement is made is unenforceable

unless:

(1) the parties affirm the agreement in a record after

the child custody dispute or child support dispute arises; or

(2) the agreement was entered during a family law

proceeding, and the court approved or incorporated the

agreement in an order issued in the proceeding.

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(d) Objection to arbitration.--If a party objects to

arbitration on the ground that the arbitration agreement is

unenforceable or that the agreement does not include a family

law dispute, the court shall decide whether the agreement is

enforceable or includes the family law dispute.

§ 7376. Notice of arbitration.

A party must initiate arbitration by giving notice to

arbitrate to the other party:

(1) in the manner specified in the arbitration

agreement; or

(2) in the absence of a specified manner, under section

7321.3 (relating to notice).

§ 7377. Motion for judicial relief.

(a) Forum.--A motion for judicial relief under this

subchapter must be made to:

(1) the court in which a proceeding is pending involving

a family law dispute subject to arbitration; or

(2) if no proceeding is pending, a court with

jurisdiction over the parties and the subject matter.

(b) Compulsion.--On motion of a party, the court may compel

arbitration if the parties have entered into an arbitration

agreement which complies with section 7375 (relating to

arbitration agreement) unless the court determines under section

7382 (relating to protection of party or child) that the

arbitration should not proceed.

terminate arbitration if it determines that:

(1) the agreement to arbitrate is unenforceable;

(2) the family law dispute is not subject to

arbitration; or

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(3) under section 7382 the arbitration should not

proceed.

(d) Consolidation.--Unless prohibited by an arbitration

agreement, on motion of a party, the court may order

consolidation of separate arbitrations involving the same

parties and a common issue of law or fact if consolidation is

necessary for the fair and expeditious resolution of the family

law dispute.

§ 7378. Qualification and selection of arbitrator.

(a) Qualifications.--Except as set forth in subsection (b),

unless waived in a record by the parties, an arbitrator must be:

(1) an attorney at law who is trained in domestic

violence and child abuse;

(2) a former attorney at law on inactive status who is

trained in domestic violence and child abuse; or

(3) a senior judge who is trained in domestic violence

and child abuse.

(A) QUALIFICATIONS.--EXCEPT AS SET FORTH IN SUBSECTION (B)

AND UNLESS WAIVED IN A RECORD BY THE PARTIES, AN ARBITRATOR

MUST:

(1) BE AN ATTORNEY AT LAW, A FORMER ATTORNEY AT LAW ON

INACTIVE STATUS OR A SENIOR JUDGE; AND

(2) HAVE SUCCESSFULLY COMPLETED A COMBINED FIVE HOURS OF

INSTRUCTION, APPROVED BY THE PENNSYLVANIA SUPREME COURT

CONTINUING LEGAL EDUCATION BOARD, IN DOMESTIC VIOLENCE AND

CHILD ABUSE.

(b) Arbitration agreement.--The identification in the

arbitration agreement of an arbitrator, arbitration organization

or method of selection of the arbitrator controls.

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unwilling to act or if the agreed-on method of selecting an

arbitrator fails, on motion of a party, the court shall select

an arbitrator.

§ 7379. Disclosure by arbitrator and disqualification.

(a) Initial obligation.--Before agreeing to serve as an

arbitrator, an individual, after making reasonable inquiry,

shall disclose to all parties any known fact a reasonable person

would believe is likely to affect:

(1) the impartiality of the arbitrator in the

arbitration, including:

(i) bias;

(ii) a financial or personal interest in the outcome

of the arbitration; or

(iii) an existing or past relationship with a party,

attorney representing a party or witness; or

(2) the arbitrator's ability to make a timely award.

(b) Continuing obligation.-- The arbitrator shall disclose,

and provide in writing to the parties, the amount of initial

fee, any hourly rate to be charged, the process for invoices and

payment for services and information on the arbitration process,

specifically including how to terminate the arbitration. An

arbitrator, the parties and the attorneys representing the

parties have a continuing obligation to disclose to all parties

any known fact a reasonable person would believe is likely to

affect the impartiality of the arbitrator or the arbitrator's

ability to make a timely award.

service of an arbitrator and a motion for a stay of arbitration

and disqualification of the arbitrator must be made under

section 7377 (relating to motion for judicial relief).

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(d) Failure to disclose.--If a disclosure required by

subsection (a)(1) or (b) is not made, the court may:

(1) on motion of a party not later than 15 days after

the failure to disclose is known or, by the exercise of

reasonable care, should be known by the party, suspend the

arbitration;

(2) on timely motion of a party, vacate an award under

section 7389(a)(2) (relating to vacation, amendment or

confirmation by court of unconfirmed award); or

(3) if an award has been confirmed, grant other

appropriate relief under law of this Commonwealth other than

this subchapter.

(e) Replacing arbitrator.--If the parties agree to discharge

an arbitrator or the arbitrator is disqualified, the parties by

agreement may select a new arbitrator or request the court to

select another arbitrator under section 7378 (relating to

qualification and selection of arbitrator).

§ 7380. Party participation.

(a) Representation.--A party may:

(1) be represented in an arbitration by counsel;

(2) be accompanied by an individual who will not be

called as a witness or act as an advocate; and

(3) participate in the arbitration to the full extent

permitted under sections 7321.16 (relating to arbitration

process) and 7383 (relating to powers and duties of

arbitrator).

(b) Ex-parte communications.--A party or representative of a

party may not communicate ex parte with the arbitrator except to

the extent allowed in a family law proceeding for communication

with a judge.

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§ 7381. Temporary order or award.

(a) Before selection of arbitrator.--Before an arbitrator is

selected and able to act, on motion of a party, the court may

enter a temporary order under 23 Pa.C.S. (relating to domestic

relations) and the applicable Pennsylvania Rules of Civil

Procedure.

(b) After selection of arbitrator.--After an arbitrator is

selected:

(1) the arbitrator may make a temporary award under 23

Pa.C.S. and the applicable Pennsylvania Rules of Civil

Procedure; and

(2) if the matter is urgent and the arbitrator is not

able to act in a timely manner or provide an adequate remedy,

on motion of a party, the court may enter a temporary order.

confirms a final award, the court, under section 7386 (relating

to confirmation of award), 7388 (relating to correction or

confirmation by court of unconfirmed award) or 7389 (relating to

vacation, amendment or confirmation by court of unconfirmed

award), may confirm, correct, vacate or amend a temporary award

made under subsection (b)(1).

(d) Enforcement.--On motion of a party, the court may

enforce a subpoena or interim award issued by an arbitrator for

the fair and expeditious disposition of the arbitration.

§ 7382. Protection of party or child.

(a) (Reserved).

(b) Stay.--

(1) This subsection applies if all of the following

subparagraphs apply:

(i) All parties are not represented.

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(ii) Any of the following clauses apply:

(A) A party is subject to a protection order.

(B) The arbitrator determines there is a

reasonable basis to believe A PARTY IS THE VICTIM OF

DOMESTIC VIOLENCE OR a party's safety or ability to

participate effectively in arbitration is OTHERWISE

at risk.

(2) If paragraph (1) applies, the arbitrator shall stay

the arbitration and refer the parties to court. The

arbitration may not proceed unless the party at risk affirms

the arbitration agreement in a record and the court

determines:

(i) the affirmation is informed and voluntary;

(ii) arbitration is not inconsistent with the

protection order; and

(iii) reasonable procedures are in place to protect

the party from risk of harm, harassment or intimidation.

section 7380(a)(1) (relating to party participation) and the

arbitrator determines that there is a reasonable basis to

believe a child who is the subject of a child custody dispute is

abused or neglected, the arbitrator shall terminate the

arbitration of the child custody dispute and report the abuse or

neglect to the court AND THE STATEWIDE TOLL-FREE TELEPHONE

NUMBER ESTABLISHED UNDER 23 PA.C.S. § 6332 (RELATING TO

ESTABLISHMENT OF STATEWIDE TOLL-FREE TELEPHONE NUMBER) or to

another appropriate authority.

(d) Temporary protection.--An arbitrator may make a

temporary award to protect a party or child from harm,

harassment or intimidation.

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(e) Judicial review.--On motion of a party, the court may

stay arbitration and review a determination or temporary award

under this section.

(f) Other law applicable.--This section supplements remedies

available under law of this Commonwealth other than this

subchapter for the protection of victims of domestic violence,

family violence, stalking, harassment and similar abuse.

§ 7383. Powers and duties of arbitrator.

(a) Fairness and expediency.--An arbitrator shall conduct an

arbitration in a manner the arbitrator considers appropriate for

a fair and expeditious disposition of the family law dispute.

(b) Procedural due process.--An arbitrator shall provide

each party a right to be heard, to present evidence material to

the family law dispute and to cross-examine witnesses.

an arbitrator may:

(1) select the rules for conducting the arbitration;

(2) hold a conference with the parties before a hearing;

(3) determine the date, time and place of a hearing;

(4) require a party to provide:

(i) a copy of a relevant court order;

(ii) information required to be disclosed in a

family law proceeding under 23 Pa.C.S. (relating to

domestic relations) and the applicable Pennsylvania Rules

of Civil Procedure; and

(iii) a proposed award which addresses each issue in

arbitration;

(5) interview a child who is the subject of a child

custody dispute;

(6) appoint a private expert at the expense of the

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parties;

(7) administer an oath or affirmation and issue a

subpoena for the attendance of a witness or the production of

documents and other evidence at a hearing;

(8) permit and compel discovery concerning the family

law dispute and determine the date, time and place of

discovery;

(9) determine the admissibility and weight of evidence;

(10) permit deposition of a witness for use as evidence

at a hearing;

(11) for good cause, prohibit a party from disclosing

information;

(12) appoint an attorney, guardian ad litem or other

representative for a child at the expense of the parties;

(13) impose a procedure to protect a party or child from

risk of harm, harassment or intimidation;

(14) allocate arbitration fees, attorney fees, expert

witness fees and other costs to the parties; and

(15) impose a sanction on a party for bad faith or

misconduct during the arbitration according to standards

governing imposition of a sanction for litigant misconduct in

a family law proceeding.

(d) Ex-parte communications.--An arbitrator may not allow ex

parte communication except to the extent allowed in a family law

proceeding for communication with a judge.

§ 7384. Recording of hearing.

An arbitration hearing need not be recorded unless required

by the arbitrator, provided by the arbitration agreement or

requested by a party.

§ 7385. Award.

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(a) Manner.--An arbitrator shall make an award in a record,

dated and signed by the arbitrator. The arbitrator shall give

notice of the award to each party by a method agreed on by the

parties or, if the parties have not agreed on a method, under

section 7321.3 (relating to notice).

(b) Rationale.--

(1) Except as set forth in paragraph (2), the arbitrator

shall make written findings explaining an award.

(2) Except as set forth in subsection (c), the parties,

by agreement, may stipulate that paragraph (1) does not

apply.

(b)(2), for an award determining a child custody dispute or a

child support dispute, the arbitrator shall state the reasons on

which the award is based as required by 23 Pa.C.S. (relating to

domestic relations).

(d) Confirmation required.--An award is not enforceable as a

judgment until confirmed under section 7386 (relating to

confirmation of award).

§ 7386. Confirmation of award.

(a) Motion.--After an arbitrator gives notice under section

7385(a) (relating to award) or makes a correction under section

7387 (relating to correction by arbitrator of unconfirmed

award), a party may move the court for an order confirming the

award or, when applicable, entry of the divorce decree

incorporating the award.

(b) Grounds.--Except as set forth in subsection (c), the

court shall confirm an award if any of the following paragraphs

apply:

(1) The parties agree in a record to confirmation.

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(2) All of the following apply:

(i) The time period under section 7388 (relating to

correction or confirmation by court of unconfirmed award)

has expired, and no motion is pending under section 7388.

(ii) The time period under section 7389(e) (relating

to vacation, amendment or confirmation by court of

unconfirmed award) has expired, and no motion is pending

under section 7389.

a child custody dispute or a child support dispute, the court

shall confirm the award under subsection (b) if the court finds,

after a review of the record if necessary, that the award on its

face:

(1) complies with section 7385 and 23 Pa.C.S. (relating

to domestic relations); and

(2) is in the best interests of the child.

(d) Effect.--On confirmation, an award is enforceable as a

judgment.

(e) Confidentiality.--Unless the parties otherwise agree,

the arbitration proceedings and the arbitration award are

confidential. If either party includes, in the motion under

subsection (a), a request that the arbitration award be filed

under seal, the court shall file the award under seal.

§ 7387. Correction by arbitrator of unconfirmed award.

On motion of a party made not later than 20 days after an

arbitrator gives notice under section 7385(a) (relating to

award), the arbitrator may correct the award:

(1) if the award has an evident mathematical

miscalculation or an evident mistake in the description of a

person, thing or property;

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(2) (Reserved); or

(3) to clarify the award.

§ 7388. Correction or confirmation by court of unconfirmed

award.

(a) Grounds.--On motion of a party made not later than 30

days after an arbitrator gives notice under section 7385(a)

(relating to award) or makes a correction under section 7387

(relating to correction by arbitrator of unconfirmed award), the

court shall correct the award if:

(1) the award has an evident mathematical miscalculation

or an evident mistake in the description of a person, thing

or property;

(2) (Reserved); or

(3) the arbitrator made an award on a family law dispute

not submitted to the arbitrator, and the award may be

corrected without affecting the merits of the issues

submitted.

(b) Joinder.--A motion under this section to correct an

award may be joined with a motion to vacate or amend the award

under section 7389 (relating to vacation, amendment or

confirmation by court of unconfirmed award).

pending, the court may confirm a corrected award under section

7386 (relating to confirmation of award).

§ 7389. Vacation, amendment or confirmation by court of

unconfirmed award.

(a) Grounds for amendment.--Subject to subsection (b), on

motion of a party, the court shall vacate an unconfirmed award

if the moving party establishes that:

(1) the award was procured by corruption, fraud or other

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undue means;

(2) there was:

(i) evident partiality by the arbitrator;

(ii) corruption by the arbitrator; or

(iii) misconduct by the arbitrator substantially

prejudicing the rights of a party;

(3) the arbitrator refused to postpone a hearing on

showing of sufficient cause for postponement, refused to

consider evidence material to the controversy or otherwise

conducted the hearing contrary to section 7383 (relating to

powers and duties of arbitrator), so as to prejudice

substantially the rights of a party;

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

(5) no arbitration agreement exists, unless the moving

party participated in the arbitration without making a motion

under section 7377 (relating to motion for judicial relief)

not later than the beginning of the first arbitration

hearing; or

(6) the arbitration was conducted without proper notice

under section 7376 (relating to notice of arbitration), so as

to prejudice substantially the rights of a party.

(b) Child custody or child support.--Subject to subsection

(c), on motion of a party, the court shall vacate an unconfirmed

award which determines a child custody dispute or a child

support dispute if the moving party establishes that:

(1) the award:

(i) does not comply with section 7385 (relating to

award) or 23 Pa.C.S. (relating to domestic relations); or

(ii) is contrary to the best interests of the child;

(2) the statement of reasons in the award is inadequate

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for the court to review the award; or

(3) a ground for vacating the award under subsection (a)

exists.

vacation under subsection (b)(1), on motion of a party, the

court may amend the award, if amending rather than vacating is

in the best interests of the child.

(d) Standard of review.--The court may determine a motion

under subsection (b) or (c):

(1) based on the record of the arbitration hearing, if

it was recorded, and facts occurring after the hearing; or

(2) if there is no record, de novo.

(e) Time.--A motion under this section to vacate or amend an

award must be filed not later than 30 days:

(1) except as set forth in paragraph (2), after an

arbitrator gives notice under section 7385(a) or makes a

correction under section 7387 (relating to correction by

arbitrator of unconfirmed award); or

(2) for a motion under subsection (a)(1), the ground of

corruption, fraud or other undue means is known or, by the

exercise of reasonable care, should be known to the party

filing the motion.

(f) Rehearing.--If the court under this section vacates an

award for a reason other than the absence of an enforceable

arbitration agreement, the court may order a rehearing before an

arbitrator. The rehearing shall be before another arbitrator if

the reason for vacating the award is that:

(1) the award was procured by corruption, fraud or other

undue means; or

(2) there was evident partiality, corruption or

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misconduct by the arbitrator.

(g) Confirmation.--If the court under this section denies a

motion to vacate or amend an award, unless a motion is pending

under section 7388 (relating to correction or confirmation by

court of unconfirmed award), the court may confirm the award

under section 7386 (relating to confirmation of award).

§ 7390. Clarification of confirmed award.

If the meaning or effect of an award confirmed under section

7386 (relating to confirmation of award) is in dispute, the

parties may:

(1) agree to arbitrate the family law dispute before the

original arbitrator or another arbitrator; or

(2) proceed under Subchapter C of Chapter 75 (relating

to declaratory judgments) and Pa.R.C.P. Ch. 1600 (relating to

action for declaratory judgments).

§ 7391. Judgment on award.

(a) Entry.--On granting an order confirming, vacating

without directing a rehearing or amending an award under this

subchapter, the court shall enter judgment in conformity with

the order.

(b) Sealing and redaction.--On motion of a party, the court

shall order that a document or part of the arbitration record be

sealed or redacted to prevent public disclosure of all or part

of the record or award.

§ 7392. Modification of confirmed award or judgment.

If a party requests under law of this Commonwealth other than

this subchapter modification of an award confirmed under section

7386 (relating to confirmation of award) or of a judgment on an

award, based on a fact occurring after confirmation:

(1) the parties shall proceed under the dispute-

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resolution method specified in the award or judgment; or

(2) if the award or judgment does not specify a dispute-

resolution method, the parties may:

(i) agree to arbitrate the modification before the

original arbitrator or another arbitrator; or

(ii) absent agreement proceed under 23 Pa.C.S.

(relating to domestic relations) and the applicable

Pennsylvania Rules of Civil Procedure.

§ 7393. Enforcement of confirmed award.

(a) This Commonwealth.--A court shall enforce an award

confirmed under section 7386 (relating to confirmation of

award), including a temporary award, in the manner and to the

same extent as any other order or judgment of a court.

(b) Other states.--A court shall enforce an arbitration

award in a family law dispute confirmed by a court in another

state in the manner and to the same extent as any other order or

judgment from another state.

§ 7394. Appeal.

(a) Matters.--An appeal may be taken under this subchapter

from:

(1) an order granting or denying a motion to compel

arbitration;

(2) an order granting or denying a motion to stay

arbitration;

(3) an order confirming or denying confirmation of an

award;

(4) an order correcting an award;

(5) an order vacating an award without directing a

rehearing; and

(6) a final judgment.

A02944 - 20 -

(b) Procedure.--An appeal under this section may be taken as

from an order or a judgment in a civil action.

§ 7395. Immunity of arbitrator.

(a) Civil liability.--An arbitrator or arbitration

organization acting in that capacity in a family law dispute is

immune from civil liability to the same extent as a judge of a

court of this Commonwealth acting in a judicial capacity.

(b) Sovereign immunity.--The immunity provided by this

section supplements immunity under:

(1) 1 Pa.C.S. § 2310 (relating to sovereign immunity

reaffirmed; specific waiver); and

(2) Subchapter B of Chapter 85 (relating to actions

against Commonwealth parties).

disclosure under section 7379 (relating to disclosure by

arbitrator and disqualification) does not cause the arbitrator

to lose immunity under this section.

(d) Testimony.--

(1) Except as set forth in paragraph (2), an arbitrator

is not competent to testify, and may not be required to

produce records, in a judicial, administrative or similar

proceeding about a statement, conduct, decision or ruling

occurring during an arbitration, to the same extent as a

judge of a court of this Commonwealth acting in a judicial

capacity.

(2) This subsection does not apply:

(i) to the extent disclosure is necessary to

determine a claim by the arbitrator or arbitration

organization against a party to the arbitration; or

(ii) to a hearing on a motion under section 7389(a)

A02944 - 21 -

(1) or (2) (relating to vacation, amendment or

confirmation by court of unconfirmed award) if there is

prima facie evidence that a ground for vacating the award

exists.

(e) Attorney fees and costs.--If a person commences a civil

action against an arbitrator arising from the services of the

arbitrator or seeks to compel the arbitrator to testify or

produce records in violation of subsection (d) and the court

determines that the arbitrator is immune from civil liability or

is not competent to testify or required to produce the records,

the court shall award the arbitrator reasonable attorney fees

and costs.

§ 7396. Uniformity of application and construction.

In applying and construing this uniform act, consideration

must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

§ 7397. Relation to Electronic Signatures in Global and

National Commerce Act.

To the extent permitted by section 102 of the Electronic

Signatures in Global and National Commerce Act (Public Law 106-

229, 15 U.S.C. § 7002), this subchapter may supersede provisions

of that act.

§ 7398. T ransitional provision.

(a) Prospective.--This subchapter applies to arbitration of

a family law dispute under an arbitration agreement made on or

after the effective date of this section.

(b) Retroactive.--If an arbitration agreement was made

before the effective date of this section, the parties may agree

in a record that this subchapter applies to the arbitration.

Section 2. This act shall take effect in 60 days.

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