SUBCHAPTER C
JUDICIAL ARBITRATION
Sec.
7361. Compulsory arbitration.
7362. Voluntary arbitration of pending judicial matters.
Cross References. Subchapter C is referred to in section 8854 of Title 53 (Municipalities Generally).
§ 7361. Compulsory arbitration.
(a) General rule.--Except as provided in subsection (b), when prescribed by general rule or rule of court
such civil matters or issues therein as shall be specified by rule shall first be
submitted to and heard by a board of three members of the bar of the court.
(b) Limitations.--No matter shall be referred under subsection (a):
(1) which involves title to real property; or
(2) where the amount in controversy, exclusive of interest and costs, exceeds $50,000.
(c) Procedure.--The arbitrators appointed pursuant to this section shall have such powers and shall
proceed in such manner as shall be prescribed by general rules.
(d) Appeal for trial de novo.--Any party to a matter shall have the right to appeal for trial de novo in the court.
The party who takes the appeal shall pay such amount or proportion of fees and costs
and shall comply with such other procedures as shall be prescribed by general rules.
In the absence of appeal the judgment entered on the award of the arbitrators shall
be enforced as any other judgment of the court. For the purposes of this section and
section 5571 (relating to appeals generally) an award of arbitrators constitutes an
order of a tribunal.
(Apr. 6, 1980, P.L.100, No.38; Apr. 16, 1992, P.L.146, No.25, eff. 60 days; Nov. 30,
2004, P.L.1703, No.217, eff. imd.; May 11, 2006, P.L.166, No.41, eff. 60 days)
2006 Amendment. Act 41 amended subsec. (b).
1980 Amendment. Act 38 amended subsec. (d), effective immediately and retroactive to June 27, 1978,
and amended the remainder of section 7361, effective in 60 days and applicable to
actions filed on and after that date.
1984 Partial Repeal. Section 8 of the act of February 12, 1984, P.L.26, No.11, relating to motor vehicle
financial responsibility, repealed section 7361(b)(2)(i) insofar as it is inconsistent
with Act 11.
Cross References. Section 7361 is referred to in section 1794 of Title 75 (Vehicles).
Notes of Decisions
Robert Half Int'l Inc. v. Marlton Tech., Inc., 902 A.2d 519 (Pa. Super. Ct. 2006).
· cites it 6× “[5] First, 42 Pa.C.S. § 7361 indicates that "where the amount in controversy, exclusive of interest and costs" is $50,000 or less, the matter "shall first be submitted to and heard by a board of three members of the bar of the court.”
Krebs v. United Refining Co. of Pennsylvania, 893 A.2d 776 (Pa. Super. Ct. 2006).
“monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court…”
Ins. Fed'n of Pa v. Dept. of Ins., 889 A.2d 550 (Pa. 2005).
· cites it 2× “See 42 Pa.C.S. § 7361 (dealing with compulsory arbitration, stating "[a]ny party to a matter shall have the right to appeal for trial de novo in the court.”
Touloumes v. E.S.C. Inc., 899 A.2d 343 (Pa. 2006).
· cites it 2× “In relevant part, Rule 238 states: Damages for Delay in Actions for Bodily Injury, Death or Property Damage (a)(1) At the request of the plaintiff in a civil action seeking monetary relief for bodily injury, death or property damage, damages for delay shall be added to the…”
Allen v. Mellinger, 784 A.2d 762 (Pa. 2001).
· cites it 2× “the award of arbitrators appointed under section 7361 of the Judicial Code, 42 Pa.C.S. § 7361, and shall become part of the verdict, decision or award.”
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018).
“monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court…”
Ginther v. United States Fid. & Guar. Co., 632 A.2d 333 (Pa. Super. Ct. 1993).
· cites it 5× “tary relief for bodily injury, death or property damage, *258 damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court…”
Pugar v. Greco, 394 A.2d 542 (Pa. 1978).
“1978), since superseded by Section 7361 of the Judicial Code, 42 Pa. C.S. § 7361 (effectively June 27, 1978).”
McGratton v. Burke, 674 A.2d 1095 (Pa. Super. Ct. 1996).
· cites it 3× “The arbitration panel which heard the case on October 19, 1993, pursuant to 42 Pa.C.S. § 7361(a), restricted its award in favor of appellee to an economic loss in the amount of $2,893.”
Potochnick v. Perry, 861 A.2d 277 (Pa. Super. Ct. 2004).
“monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant or additional defendant found to be liable to the plaintiff in the verdict of a jury, in the decision of the court…”
Grimm v. Universal Med. Servs., Inc., 156 A.3d 1282 (Pa. Super. Ct. 2017).
“Rule 238 provides, in relevant part, the following: (a)(1) At the request of the plaintiff in a civil action seeking monetary relief for bodily injury, death or property damage, damages for delay shall be added to the amount of compensatory damages awarded against each defendant…”
Hall v. Reeb, 555 A.2d 926 (Pa. 1989).
· cites it 3× “We begin our analysis with a review of the statute pertaining to compulsory arbitration, 42 Pa.C.S. § 7361. There, certain civil matters are required to “first be submitted to and heard by a board of three members of the bar of the court.”
— 42 Pa. Cons. Stat. § 7361(a) — 10 cases
Robert Half Int'l Inc. v. Marlton Tech., Inc., 902 A.2d 519 (Pa. Super. Ct. 2006).
“[5] First, 42 Pa.C.S. § 7361 indicates that "where the amount in controversy, exclusive of interest and costs" is $50,000 or less, the matter "shall first be submitted to and heard by a board of three members of the bar of the court.”
McGratton v. Burke, 674 A.2d 1095 (Pa. Super. Ct. 1996).
“The arbitration panel which heard the case on October 19, 1993, pursuant to 42 Pa.C.S. § 7361(a), restricted its award in favor of appellee to an economic loss in the amount of $2,893.”
Hall v. Reeb, 555 A.2d 926 (Pa. 1989).
“We begin our analysis with a review of the statute pertaining to compulsory arbitration, 42 Pa.C.S. § 7361. There, certain civil matters are required to “first be submitted to and heard by a board of three members of the bar of the court.”
— 42 Pa. Cons. Stat. § 7361(b) — 2 cases
— 42 Pa. Cons. Stat. § 7361(b)(1) — 4 cases
— 42 Pa. Cons. Stat. § 7361(b)(2) — 2 cases
— 42 Pa. Cons. Stat. § 7361(b)(2)(i) — 2 cases
— 42 Pa. Cons. Stat. § 7361(d) — 23 cases
McGratton v. Burke, 674 A.2d 1095 (Pa. Super. Ct. 1996).
“The arbitration panel which heard the case on October 19, 1993, pursuant to 42 Pa.C.S. § 7361(a), restricted its award in favor of appellee to an economic loss in the amount of $2,893.”
Hall v. Reeb, 555 A.2d 926 (Pa. 1989).
“We begin our analysis with a review of the statute pertaining to compulsory arbitration, 42 Pa.C.S. § 7361. There, certain civil matters are required to “first be submitted to and heard by a board of three members of the bar of the court.”
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