Kenneth W. Lee of Post & Schell.
Back in early 1983, and before law school had become even a twinkle in my eyes, I remember my father, who was an attorney, bemoaning about an agreement to which I was party, the arbitration clause in it, and the recent “change in the law” as he described it to me. My father explained that the “change in the law” might prevent me from having my case heard by the court due to the arbitration clause and, being from a small county, “heard by the court” could be advantageous. I settled!
Since 1982, the Pennsylvania Uniform Arbitration Act, 42 Pa.C.S.A. Sections 7301-7320 (Subchapter A), Sections 7341-7342 (Subchapter B) (UAA), has remained unchanged. However, as of July 1, the Pennsylvania Revised Uniform Arbitration Act, 42 Pa.C.S.A. Section 7321.1-7321.31 (Subchapter A.1), §§7341-7342 (Subchapter B.1 or Section 2 depending on the version) (RUAA), became effective. Based upon my review of numerous comments about the RUAA, I began to bemoan this “change in the law” and my bemoaning of the RUAA appeared to be much more justified than my father’s. The commentary, or more correctly the exegeses, about the RUAA suggested that the Pennsylvania General Assembly had caused an Armageddon to “common-law” arbitration, as that term and process is generally understood within the construction industry.
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