§ 7304. Court proceedings to compel or stay arbitration.
(a) Compelling arbitration.--On application to a court to compel arbitration made by a party showing an agreement
described in section 7303 (relating to validity of agreement to arbitrate) and a showing
that an opposing party refused to arbitrate, the court shall order the parties to
proceed with arbitration. If the opposing party denies the existence of an agreement
to arbitrate, the court shall proceed summarily to determine the issue so raised and
shall order the parties to proceed with arbitration if it finds for the moving party.
Otherwise, the application shall be denied.
(b) Stay of arbitration.--On application of a party to a court to stay an arbitration proceeding threatened
or commenced the court may stay an arbitration on a showing that there is no agreement
to arbitrate. When in substantial and bona fide dispute, such an issue shall be forthwith
and summarily tried and determined and a stay of the arbitration proceedings shall
be ordered if the court finds for the moving party. If the court finds for the opposing
party, the court shall order the parties to proceed with arbitration.
(c) Venue.--If a controversy alleged to be or not to be referable to arbitration under the agreement
is also involved in an action or proceeding pending in a court having jurisdiction
to hear applications to compel or stay arbitration, the application shall be made
to that court. Otherwise, subject to section 7319 (relating to venue of court proceedings),
the application may be made in any court of competent jurisdiction.
(d) Stay of judicial proceedings.--An action or proceeding, allegedly involving an issue subject to arbitration, shall
be stayed if a court order to proceed with arbitration has been made or an application
for such an order has been made under this section. If the issue allegedly subject
to arbitration is severable, the stay of the court action or proceeding may be made
with respect to the severable issue only. If the application for an order to proceed
with arbitration is made in such action or proceeding and is granted, the court order
to proceed with arbitration shall include a stay of the action or proceeding.
(e) No examination of merits.--An application for a court order to proceed with arbitration shall not be refused,
nor shall an application to stay arbitration be granted, by the court on the ground
that the controversy lacks merit or bona fides or on the ground that no fault or basis
for the controversy sought to be arbitrated has been shown.
Cross References. Section 7304 is referred to in sections 7314, 7320 of this title.
Notes of Decisions
Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016).
· cites it 2× “42 Pa.C.S. § 7304(d). Therefore, the survival claim arbitration will be resolved before the wrongful death action can proceed in the court of common pleas.”
Salley v. Option One Mortg. Corp., 925 A.2d 115 (Pa. 2007).
· cites it 2× “" 42 Pa.C.S. § 7304(a) (emphasis added). [11] The arbitration agreement in the Delta Funding v.”
Chester Upland Sch. Dist. v. McLaughlin, 655 A.2d 621 (Pa. Commw. Ct. 1995).
· cites it 6× “1 I dissent, however, from the majority’s legal conclusions that an arbitrator possesses the “sole and exclusive” jurisdiction to adjudicate the issue of arbitrability, and that Section 903 of the Public Employee Relations Act (PERA) 2 and Section 7304 of the Judicial Code, 42…”
Davis, B. v. Ctr. Mgmt. Grp., LLC, 192 A.3d 173 (Pa. Super. Ct. 2018).
· cites it 2× “1028(a)(6) (permitting preliminary objections based upon an "agreement for alternative dispute resolution;" official note to rule states that "[a]n agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform…”
Twp. of Sugarloaf v. Bowling, 759 A.2d 913 (Pa. 2000).
· cites it 4× “In support of this position, they rely upon 42 Pa.C.S. § 7304, a provision found in the Uniform Arbitration Act, 42 Pa.”
Bucks Orthopaedic Surgery Assocs., P.C. v. Ruth, 925 A.2d 868 (Pa. Super. Ct. 2007).
· cites it 2× “¶ 9 We now address whether Appellant waived his right to appeal the award because he did not seek a pre-arbitration stay pursuant to 42 Pa.C.S. § 7304(b), which provides: § 7304.”
Bank One Delaware N.A. v. Mitchell, 70 Pa. D. & C.4th 353 (2005).
· cites it 6× “Thus, these sections should not be construed to operate independently from 42 Pa.C.S. §7304. In this opinion, I have considered only the Pennsylvania legislation governing arbitration because Bank One’s petition states that it is filed pursuant to 42 Pa.”
Rocca v. Pennsylvania Gen. Ins., 516 A.2d 772 (Pa. 1986).
· cites it 3× “This, when coupled with a determination that the condition precedent of exhaustion of remedies/other policies or bonds is a matter for the arbitrators to resolve, leads inexorably to a conclusion requiring a reversal of the court’s order denying the *75 appellant’s petition to…”
Hazleton Area Sch. Dist. v. Bosak, 671 A.2d 277 (Pa. Commw. Ct. 1996).
· cites it 3× “3 Subsequently, on August 30, 1994, RBA filed with the trial court a petition to compel arbitration pursuant to section 501(a) of the Uniform Arbitration Act (Act), 42 Pa.C.S. § 7304. 4 RBA sought an order compelling *280 the School District to proceed with arbitration of its…”
— 42 Pa. Cons. Stat. § 7304(a) — 38 cases
Bank One Delaware N.A. v. Mitchell, 70 Pa. D. & C.4th 353 (2005).
“Thus, these sections should not be construed to operate independently from 42 Pa.C.S. §7304. In this opinion, I have considered only the Pennsylvania legislation governing arbitration because Bank One’s petition states that it is filed pursuant to 42 Pa.”
Davis, B. v. Ctr. Mgmt. Grp., LLC, 192 A.3d 173 (Pa. Super. Ct. 2018).
“1028(a)(6) (permitting preliminary objections based upon an "agreement for alternative dispute resolution;" official note to rule states that "[a]n agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform…”
— 42 Pa. Cons. Stat. § 7304(b) — 25 cases
Bucks Orthopaedic Surgery Assocs., P.C. v. Ruth, 925 A.2d 868 (Pa. Super. Ct. 2007).
“¶ 9 We now address whether Appellant waived his right to appeal the award because he did not seek a pre-arbitration stay pursuant to 42 Pa.C.S. § 7304(b), which provides: § 7304.”
Chester Upland Sch. Dist. v. McLaughlin, 655 A.2d 621 (Pa. Commw. Ct. 1995).
“1 I dissent, however, from the majority’s legal conclusions that an arbitrator possesses the “sole and exclusive” jurisdiction to adjudicate the issue of arbitrability, and that Section 903 of the Public Employee Relations Act (PERA) 2 and Section 7304 of the Judicial Code, 42…”
Rocca v. Pennsylvania Gen. Ins., 516 A.2d 772 (Pa. 1986).
“This, when coupled with a determination that the condition precedent of exhaustion of remedies/other policies or bonds is a matter for the arbitrators to resolve, leads inexorably to a conclusion requiring a reversal of the court’s order denying the *75 appellant’s petition to…”
— 42 Pa. Cons. Stat. § 7304(d) — 12 cases
Taylor v. Extendicare Health Facilities, Inc., 147 A.3d 490 (Pa. 2016).
“42 Pa.C.S. § 7304(d). Therefore, the survival claim arbitration will be resolved before the wrongful death action can proceed in the court of common pleas.”
— 42 Pa. Cons. Stat. § 7304(e) — 7 cases
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