The Pennsylvania Superior Court’s decision in Trombetta — that de novo review clauses in arbitration agreements are unenforceable — is flawed and could discourage parties from entering into arbitration agreements, Superior Court Judge Richard B. Klein said in a related decision this week.

In a concurring statement to a decision where the court found a right to a de novo trial in an arbitration dispute, Klein expressed his belief that the court’s 2006 decision in Trombetta v. Raymond James Financial should be reviewed en banc or by the state Supreme Court.

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