Substantive Law - Arbitration

Summary of Pennsylvania Decisions

Bair v. Manor Care of Elizabethtown, P A, LLC, 2015 PA Super 9 (Pa. Super., January 15, 2015)

Holding:In deciding whether there was an arbitration agreement compelling arbitration, “[t]he issue is not whether the arbitration agreement was signed by the party sought to be bound, but whether there was a meeting of the minds, that is, whether the parties agreed in a clear and unmistakable manner to arbitrate their disputes.”

State Farm Mutual Automobile Insurance Co. v. Dill, 2015 PA Super 6 (Pa. Super. en banc, January 13, 2015)

Holding: In an arbitration proceeding, a party must object to the partiality of an arbitrator or the inadmissibility of evidence at the first available opportunity. An arbitrator’s failure to remove himself from the panel for his brief representation of one party in a related litigation and subsequent withdrawal does not constitute the type of “fraud, misconduct, corruption or other irregularity” that results in “the rendition of an unjust, inequitable or unconscionable award.