(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
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 7321.4 - 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 7321.21 - 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 7321.30 - Uniformity of application and construction
Section 7321.31 - Relationship to Electronic Signatures in Global and National Commerce Act
Section 7341 - Common law arbitration
Section 7361 - Compulsory arbitration
Section 7362 - Voluntary arbitration of pending judicial matters