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Section 7321.10 – Initiation of arbitration

§ 7321.10. Initiation of arbitration. (a) Notice.–A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized […]

Section 7321.11 – Consolidation of separate arbitration proceedings

§ 7321.11. Consolidation of separate arbitration proceedings. (a) Conditions.–Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (1) there are separate agreements to arbitrate […]

Section 7321.12 – Appointment of arbitrator; service as a neutral arbitrator

§ 7321.12. Appointment of arbitrator; service as a neutral arbitrator. (a) Appointment.–If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or […]

Section 7321.13 – Disclosure by arbitrator

§ 7321.13. Disclosure by arbitrator. (a) Preappointment.–Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect […]

Section 7321.14 – Action by majority

§ 7321.14. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators but all of them shall conduct the hearing under section 7321.16(c) (relating to arbitration process).

Section 7321.15 – Immunity of arbitrator; competency to testify; attorney fees and costs

§ 7321.15. Immunity of arbitrator; competency to testify; attorney fees and costs. (a) Immunity.–An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity. (b) Other immunity.–The immunity afforded by this section supplements […]

Section 7321.16 – Arbitration process

§ 7321.16. Arbitration process. (a) Discretion of arbitrator.–An arbitrator may conduct an arbitration in a manner appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, […]

Section 7321.17 – Representation by attorney

§ 7321.17. Representation by attorney. A party to an arbitration proceeding may be represented by an attorney. Cross References. Section 7321.17 is referred to in section 7321.5 of this title.

Section 7321.18 – Witnesses; subpoenas; depositions; discovery

§ 7321.18. Witnesses; subpoenas; depositions; discovery. (a) Subpoenas.–An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at a hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to […]

Section 7321.19 – Judicial enforcement of preaward ruling by arbitrator

§ 7321.19. Judicial enforcement of preaward ruling by arbitrator. If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 7321.20 (relating to award). A prevailing party may make a motion to the court for […]

Section 7321.2 – Definitions

§ 7321.2. 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 organization.” Any association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the […]

Section 7321.20 – Award

§ 7321.20. Award. (a) Record.–An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. (b) […]

Section 7321.21 – Change of award by arbitrator

§ 7321.21. Change of award by arbitrator. (a) Motion.–On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) upon a ground stated in section 7321.25(a)(1) or (3) (relating to modification or correction of award); (2) because the arbitrator has not made a final and […]

Section 7321.22 – Remedies; fees and expenses of arbitration proceeding

§ 7321.22. Remedies; fees and expenses of arbitration proceeding. (a) Punitive damages.–An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the […]

Section 7321.23 – Confirmation of award

§ 7321.23. Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party must make a motion to the court for an order confirming the award. The court shall then issue a confirming order unless the award is modified or corrected under section 7321.21 (relating to change of award […]

Section 7321.24 – Vacating award

§ 7321.24. Vacating award. (a) Grounds.–Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud or other undue means; (2) there was: (i) evident partiality by an arbitrator appointed as a neutral arbitrator; […]

Section 7321.25 – Modification or correction of award

§ 7321.25. Modification or correction of award. (a) Grounds.–Upon motion made within 90 days after the movant receives notice of the award under section 7321.20 (relating to award) or within 90 days after the movant receives notice of a modified or corrected award under section 7321.21 (relating to change of award by arbitrator), the court […]

Section 7321.26 – Judgment on award; attorney fees and litigation expenses

§ 7321.26. Judgment on award; attorney fees and litigation expenses. (a) Judgment.–Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed and enforced as any other judgment in a civil action. (b) Court […]

Section 7321.27 – Jurisdiction

§ 7321.27. Jurisdiction. (a) Enforcement.–A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) Exclusivity.–An agreement to arbitrate providing for arbitration in this Commonwealth confers exclusive jurisdiction on the court to enter judgment on an award under this subchapter. Cross References. Section 7321.27 is referred to in sections […]