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§ 7321.7. Validity of agreement to arbitrate

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: July 1, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 73. Arbitration (Refs & Annos)
Subchapter A.1. Revised Statutory Arbitration (Refs & Annos)
Effective: July 1, 2019
42 Pa.C.S.A. § 7321.7
§ 7321.7. Validity of agreement to arbitrate
Currentness
(a) General rule.--An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
(b) Court decision.--The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(c) Arbitrator decision.--An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d) Challenge to arbitration.--If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
(e) Grounds for validity and enforceability.--
(1) Subject to paragraph (2), in determining the validity and enforceability of an agreement to arbitrate, a court may consider any grounds that exist at law or in equity for the revocation of a contract, regardless of whether arising out of Federal or State law or as a matter of public policy, that are applicable to other contracts, including fraud, duress, coercion, unconscionability or the imposition by a contract of adhesion of any requirement that unreasonably favors the party that imposed the provision.
(2) Paragraph (1) shall not apply in any manner prohibited by 9 U.S.C. (relating to arbitration) or other Federal law.

Credits

2018, June 28, P.L. 381, No. 55, § 1.1, effective July 1, 2019.
42 Pa.C.S.A. § 7321.7, PA ST 42 Pa.C.S.A. § 7321.7
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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