Scope of subchapter. (a) General rule.-- An agreement to arbitrate a controversy on a nonjudicial basis shall be conclusively
Pennsylvania Consolidated Statutes
Section: 7302
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 7302
§ 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.
Chat with this statute using AI
Ask CiteLaw's AI Navigator anything about this statute, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.