§ 7302. Scope of subchapter.
(a) General rule.--An agreement to arbitrate a controversy on a nonjudicial basis shall be conclusively
presumed to be an agreement to arbitrate pursuant to Subchapter B (relating to common
law arbitration) unless the agreement to arbitrate is in writing and expressly provides
for arbitration pursuant to this subchapter or any other similar statute, in which
case the arbitration shall be governed by this subchapter.
(b) Collective bargaining agreements.--This subchapter shall apply to a collective bargaining agreement to arbitrate controversies
between employers and employees or their respective representatives only where the
arbitration pursuant to this subchapter is consistent with any statute regulating
labor and management relations.
(c) Government contracts.--This subchapter shall apply to any written contract to which a government unit of
this Commonwealth is a party to the same extent as if the government unit were a private
person, except that where a contract to which the Commonwealth government is a party
provides for arbitration of controversies but does not provide for arbitration pursuant
to any specified statutory provision, the arbitration shall be governed by this subchapter.
(d) Special application.--
(1) Paragraph (2) shall be applicable where:
(i) The Commonwealth government submits a controversy to arbitration.
(ii) A political subdivision submits a controversy with an employee or a representative
of employees to arbitration.
(iii) Any person has been required by law to submit or to agree to submit a controversy
to arbitration pursuant to this subchapter.
(2) Where this paragraph is applicable a court in reviewing an arbitration award pursuant
to this subchapter shall, notwithstanding any other provision of this subchapter,
modify or correct the award where the award is contrary to law and is such that had
it been a verdict of a jury the court would have entered a different judgment or a
judgment notwithstanding the verdict.
Applicability. Section 501(b) of Act 142 of 1980 provided that the provisions of 42 Pa.C.S. § 7302(d)(2)
shall be applicable to any nonjudicial arbitration pursuant to:
(1) An agreement made prior to the effective date of this act which expressly provides
that it shall be interpreted pursuant to the law of this Commonwealth and which expressly
provides for statutory arbitration.
(2) An agreement heretofore or hereafter made which expressly provides for arbitration
pursuant to the former provisions of the act of April 25, 1927, P.L.381, No.248, relating
to statutory arbitration.
Notes of Decisions
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
· cites it 20× “" Rather than narrow certiorari, the Association argues, under the provisions of Section 7302(a) of the Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7302(a), this Court should consider the appeal as one from the award of an arbitrator under common law arbitration, which standard…”
Moscatiello v. Hilliard, 939 A.2d 325 (Pa. 2007).
· cites it 4× “2; 42 Pa.C.S. § 7302(a). The court relied on Joseph v.”
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 656 A.2d 83 (Pa. 1995).
· cites it 3× “Thus, the State Police concludes, since there is a void within Act 111 as to this matter, there is nothing within Act 111 with which the UAA’s essence test could be inconsistent; therefore, the UAA’s essence test is applicable as per 42 Pa.C.S. § 7302(b). We are not persuaded by…”
Mishoe v. Erie Ins., 824 A.2d 1153 (Pa. 2003).
· cites it 2× “"); 42 Pa.C.S. § 7302(d)(2) ("a court in reviewing an arbitration award.”
Chester Upland Sch. Dist. v. McLaughlin, 655 A.2d 621 (Pa. Commw. Ct. 1995).
· cites it 6× “At the core of this appeal is the effect Section 7302(b) of the UAA, 42 Pa.C.S. § 7302(b), has on Section 903 of PERA.”
Bucks Orthopaedic Surgery Assocs., P.C. v. Ruth, 925 A.2d 868 (Pa. Super. Ct. 2007).
· cites it 2× “An agreement to arbitrate a controversy is presumed to be an agreement to submit to common law arbitration unless the agreement is in writing and expressly provides for arbitration pursuant to the Uniform Arbitration Act ("UAA") or another statute.”
O'Connor-Kohler v. United Servs. Auto. Ass'n, 883 A.2d 673 (Pa. Super. Ct. 2005).
· cites it 4× “” 42 Pa. C.S. § 7302(d)(2). The trial court denied both parties’ motions, and affirmed the arbitrators’ decision and award in its entirety.”
Cnty. of Centre v. Musser, 548 A.2d 1194 (Pa. 1988).
· cites it 2× “Their petition, labeled as one to "modify, correct or vacate an arbitration award," sought relief pursuant to section 7302(d)(2) of the Uniform Arbitration Act ("Uniform Act"), 42 Pa.C.S. § 7302(d)(2). That statutory provision states as follows: Where this paragraph is…”
Wallace, R. v. State Farm Mut. Auto., 199 A.3d 1249 (Pa. Super. Ct. 2018).
· cites it 2× “Under these circumstances, the trial court must adhere to 42 Pa.C.S. § 7302(d)(2) in reviewing the arbitration panel's award.”
Popskyj v. Keystone Ins., 565 A.2d 1184 (Pa. 1989).
· cites it 4× “See 42 Pa.C.S. § 7302(d)(1). However, the 1980 Act was passed with an accompanying historical note which sets forth the following, in relevant part: Historical Note Application: Section 501(b) of Act 1980, Oct.”
Foster, J. v. Nuffer, A., 286 A.3d 279 (Pa. Super. Ct. 2022).
· cites it 2× “Pursuant to the UAA, 42 Pa.C.S. § 7302(a) provides an agreement to arbitrate a controversy “shall be conclusively presumed to be an agreement to arbitrate pursuant to Subchapter B (relating to common law arbitration) unless the agreement to arbitrate is in writing and expressly…”
— 42 Pa. Cons. Stat. § 7302(a) — 41 cases
Bucks Orthopaedic Surgery Assocs., P.C. v. Ruth, 925 A.2d 868 (Pa. Super. Ct. 2007).
“An agreement to arbitrate a controversy is presumed to be an agreement to submit to common law arbitration unless the agreement is in writing and expressly provides for arbitration pursuant to the Uniform Arbitration Act ("UAA") or another statute.”
Foster, J. v. Nuffer, A., 286 A.3d 279 (Pa. Super. Ct. 2022).
“Pursuant to the UAA, 42 Pa.C.S. § 7302(a) provides an agreement to arbitrate a controversy “shall be conclusively presumed to be an agreement to arbitrate pursuant to Subchapter B (relating to common law arbitration) unless the agreement to arbitrate is in writing and expressly…”
— 42 Pa. Cons. Stat. § 7302(b) — 12 cases
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 656 A.2d 83 (Pa. 1995).
“Thus, the State Police concludes, since there is a void within Act 111 as to this matter, there is nothing within Act 111 with which the UAA’s essence test could be inconsistent; therefore, the UAA’s essence test is applicable as per 42 Pa.C.S. § 7302(b). We are not persuaded by…”
Chester Upland Sch. Dist. v. McLaughlin, 655 A.2d 621 (Pa. Commw. Ct. 1995).
“At the core of this appeal is the effect Section 7302(b) of the UAA, 42 Pa.C.S. § 7302(b), has on Section 903 of PERA.”
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
“" Rather than narrow certiorari, the Association argues, under the provisions of Section 7302(a) of the Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7302(a), this Court should consider the appeal as one from the award of an arbitrator under common law arbitration, which standard…”
— 42 Pa. Cons. Stat. § 7302(b)(d) — 1 case
— 42 Pa. Cons. Stat. § 7302(c) — 5 cases
— 42 Pa. Cons. Stat. § 7302(d) — 26 cases
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
“" Rather than narrow certiorari, the Association argues, under the provisions of Section 7302(a) of the Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7302(a), this Court should consider the appeal as one from the award of an arbitrator under common law arbitration, which standard…”
— 42 Pa. Cons. Stat. § 7302(d)(1) — 7 cases
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
“" Rather than narrow certiorari, the Association argues, under the provisions of Section 7302(a) of the Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7302(a), this Court should consider the appeal as one from the award of an arbitrator under common law arbitration, which standard…”
Popskyj v. Keystone Ins., 565 A.2d 1184 (Pa. 1989).
“See 42 Pa.C.S. § 7302(d)(1). However, the 1980 Act was passed with an accompanying historical note which sets forth the following, in relevant part: Historical Note Application: Section 501(b) of Act 1980, Oct.”
— 42 Pa. Cons. Stat. § 7302(d)(1)(ii) — 1 case
— 42 Pa. Cons. Stat. § 7302(d)(2) — 77 cases
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
“" Rather than narrow certiorari, the Association argues, under the provisions of Section 7302(a) of the Uniform Arbitration Act (UAA), 42 Pa.C.S. §§ 7302(a), this Court should consider the appeal as one from the award of an arbitrator under common law arbitration, which standard…”
Mishoe v. Erie Ins., 824 A.2d 1153 (Pa. 2003).
“"); 42 Pa.C.S. § 7302(d)(2) ("a court in reviewing an arbitration award.”
O'Connor-Kohler v. United Servs. Auto. Ass'n, 883 A.2d 673 (Pa. Super. Ct. 2005).
“” 42 Pa. C.S. § 7302(d)(2). The trial court denied both parties’ motions, and affirmed the arbitrators’ decision and award in its entirety.”
Cnty. of Centre v. Musser, 548 A.2d 1194 (Pa. 1988).
“Their petition, labeled as one to "modify, correct or vacate an arbitration award," sought relief pursuant to section 7302(d)(2) of the Uniform Arbitration Act ("Uniform Act"), 42 Pa.C.S. § 7302(d)(2). That statutory provision states as follows: Where this paragraph is…”
Wallace, R. v. State Farm Mut. Auto., 199 A.3d 1249 (Pa. Super. Ct. 2018).
“Under these circumstances, the trial court must adhere to 42 Pa.C.S. § 7302(d)(2) in reviewing the arbitration panel's award.”
— 42 Pa. Cons. Stat. § 7302(d)(2)(UAA) — 1 case
— 42 Pa. Cons. Stat. § 7302(d)(c) — 1 case
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