An Arbitration clause is a contractual provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.
Pennsylvania Motion to Compel Arbitration - No Waiver of Right
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FAQ
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
An arbitration agreement is valid, enforceable, and irrevocable if it is in writing and provides that the parties agree to arbitrate either: ? An existing controversy. ? Prospective controversies that may arise between the parties. (42 Pa.
Arbitration clauses are often enforced ing to contract law principles. However, some jurisdictions hold them unenforceable if there has been any fraud, overreaching, or the absence of mutuality with terms such as ?any,? ?all,? or ?every? (as opposed to ?some?) in the arbitration clause.
While it has been held that arbitration agreements do not divest a court of jurisdiction, such agreements are binding upon the parties and will be enforced absent proof of duress, fraud or unconscionability.
Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.
The local rules of civil procedure provide that any civil matter where the amount in controversy does not exceed $50,000 and which do not include title to real property, will proceed through compulsory arbitration.
The court observed that the discretion of a court to not uphold an arbitration agreement is a limited one and the onus of satisfying a court that it should exercise its discretion to do so is on the party who wishes to bypass the arbitration agreement. It is a discretion that must be exercised judicially.