Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 73 - Arbitration
Section 7321.16 - Arbitration process


(a) Discretion of arbitrator.--An arbitrator may conduct an arbitration in a manner appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.
(b) Summary disposition.--An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) if all interested parties agree; or
(2) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and if the other parties have a reasonable opportunity to respond.
(c) Notice and hearing.--If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) Procedure.--At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(e) Replacement.--If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 7321.12 (relating to appointment of arbitrator; service as a neutral arbitrator) to continue the proceeding and to resolve the controversy.
(f) Location for arbitration hearing for consumer transactions.--A hearing conducted under an arbitration agreement applicable to a consumer transaction shall be held at a location reasonably convenient to the consumer.

Cross References. Section 7321.16 is referred to in sections 7321.10, 7321.14, 7321.24, 7321.28 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 42 - JUDICIARY AND JUDICIAL PROCEDURE

Chapter 73 - Arbitration

Extra - Chapter Notes

Section 7301 - Short title of subchapter

Section 7302 - Scope of subchapter

Section 7303 - Validity of agreement to arbitrate

Section 7304 - Court proceedings to compel or stay arbitration

Section 7305 - Appointment of arbitrators by court

Section 7306 - Action by arbitrators

Section 7307 - Hearing before arbitrators

Section 7308 - Representation by attorney

Section 7309 - Witnesses, subpoenas, oaths and depositions

Section 7310 - Award of arbitrators

Section 7311 - Change of award by arbitrators

Section 7312 - Fees and expenses of arbitration

Section 7313 - Confirmation of award by court

Section 7314 - Vacating award by court

Section 7315 - Modification or correction of award by court

Section 7316 - Judgment or decree on award

Section 7317 - Form and service of applications to court

Section 7318 - Court and jurisdiction

Section 7319 - Venue of court proceedings

Section 7320 - Appeals from court orders

Section 7321.1 - Short title of subchapter

Section 7321.2 - Definitions

Section 7321.3 - Notice

Section 7321.4 - When subchapter applies

Section 7321.5 - Effect of agreement to arbitrate; nonwaivable provisions

Section 7321.6 - Application for judicial relief

Section 7321.7 - Validity of agreement to arbitrate

Section 7321.8 - Motion to compel or stay arbitration

Section 7321.9 - Provisional remedies

Section 7321.10 - Initiation of arbitration

Section 7321.11 - Consolidation of separate arbitration proceedings

Section 7321.12 - Appointment of arbitrator; service as a neutral arbitrator

Section 7321.13 - Disclosure by arbitrator

Section 7321.14 - Action by majority

Section 7321.15 - Immunity of arbitrator; competency to testify; attorney fees and costs

Section 7321.16 - Arbitration process

Section 7321.17 - Representation by attorney

Section 7321.18 - Witnesses; subpoenas; depositions; discovery

Section 7321.19 - Judicial enforcement of preaward ruling by arbitrator

Section 7321.20 - Award

Section 7321.21 - Change of award by arbitrator

Section 7321.22 - Remedies; fees and expenses of arbitration proceeding

Section 7321.23 - Confirmation of award

Section 7321.24 - Vacating award

Section 7321.25 - Modification or correction of award

Section 7321.26 - Judgment on award; attorney fees and litigation expenses

Section 7321.27 - Jurisdiction

Section 7321.28 - Venue

Section 7321.29 - Appeals

Section 7321.30 - Uniformity of application and construction

Section 7321.31 - Relationship to Electronic Signatures in Global and National Commerce Act

Section 7341 - Common law arbitration

Section 7342 - Procedure

Section 7361 - Compulsory arbitration

Section 7362 - Voluntary arbitration of pending judicial matters