SUBCHAPTER B
COMMON LAW ARBITRATION
Sec.
7341. Common law arbitration.
7342. Procedure.
Cross References. Subchapter B is referred to in section 7302 of this title.
§ 7341. Common law arbitration.
The award of an arbitrator in a nonjudicial arbitration which is not subject to Subchapter
A (relating to statutory arbitration), A.1 (relating to revised statutory arbitration)
or a similar statute regulating nonjudicial arbitration proceedings is binding and
may not be vacated or modified unless it is clearly shown that a party was denied
a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition
of an unjust, inequitable or unconscionable award.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 28, 2018, P.L.381, No.55, eff.
July 1, 2019)
2018 Amendment. See section 1 of Act 55 of 2018 in the appendix to this title for special provisions
relating to findings and declarations. Section 4(2) of Act 55 provided that the amendment
of section 7341 shall not be construed to affect an action or proceeding commenced
or right accrued before the effective date of section 4.
Cross References. Section 7341 is referred to in sections 7314, 7342 of this title.
Notes of Decisions
State Farm Mut. Auto. Ins. v. Dill, 108 A.3d 882 (Pa. Super. Ct. 2015).
· cites it 5× “42 Pa.C.S. § 7341 (emphasis added). In interpreting this language in a case involving uninsured motorist coverage, our Court emphasized that the hearing to which a party is entitled must be a “full and fair” hearing.”
Bucks Orthopaedic Surgery Assocs., P.C. v. Ruth, 925 A.2d 868 (Pa. Super. Ct. 2007).
· cites it 4× “See 42 Pa.C.S. § 7341. [2] However, this dispute resolution clause also expressly permits the exercise of "any judicial remedies" and a right to trial " de novo " of all arbitrated issues.”
Fastuca v. L.W. Molnar & Assocs., 950 A.2d 980 (Pa. Super. Ct. 2008).
· cites it 4× “The scope of common law arbitration is prescribed by 42 Pa.C.S. § 7341: § 7341. Common law arbitration The award of an arbitrator in a nonjudicial arbitration which is not subject to Subchapter A (relating to statutory arbitration) or a similar statute regulating nonjudicial…”
Civan, E. v. Windermere Farms, Inc., 180 A.3d 489 (Pa. Super. Ct. 2018).
· cites it 2× “42 Pa.C.S. § 7341. Here, the Civans and Windermere are parties to an agreement of sale, whereby the Civans, the "Buyer," agreed to purchase a lot and a new home to be constructed by Windermere, the "Seller.”
Andrew v. CUNA Brokerage Servs., Inc., 976 A.2d 496 (Pa. Super. Ct. 2009).
· cites it 3× “¶ 10 The arbitration agreement in the instant case is governed by the statute pertaining to common law arbitration, 42 Pa.C.S. § 7341 et. seq. 1 Our standard of review of common law arbitration is limited: The award of an arbitrator in a nonjudicial arbitration which is not…”
Pennsylvania State Police v. Pennsylvania State Troopers' Ass'n, 633 A.2d 1278 (Pa. Commw. Ct. 1993).
· cites it 4× “An award from a common law arbitration "may not be vacated or modified unless it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.”
Moscatiello v. Hilliard, 939 A.2d 325 (Pa. 2007).
· cites it 2× “S.C. § 12 . Trial Court Opinion, 12/19/05, at 13.”
Borgia v. Prudential Ins. Co., 750 A.2d 843 (Pa. 2000).
· cites it 2× “Once it has been determined that a substantive dispute is arbitrable, the arbitrators normally have the authority to decide all matters necessary to dispose of the claim.”
Toll Naval Assocs. v. Chun-Fang Hsu, 85 A.3d 521 (Pa. Super. Ct. 2014).
· cites it 2× “2006) (internal citations omitted); 42 Pa.C.S. § 7341. “The appellant bears the burden to establish both the underlying irregularity and the resulting inequity by clear, precise, and indubitable evidence.”
Hade v. Nationwide Ins., 546 A.2d 615 (Pa. 1988).
· cites it 4× “Therefore, as provided by the arbitration provision contained in the policies, a hearing was held on January 30, 1985, pursuant to 42 Pa.C.S. § 7341, [1] relating to common law arbitration.”
Hall v. Amica Mut. Ins., 648 A.2d 755 (Pa. 1994).
“Under common law arbitration a court may not vacate an arbitrators award “unless it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award.”
— 42 Pa. Cons. Stat. § 7341(b) — 1 case
— 42 Pa. Cons. Stat. § 7341(d) — 1 case
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