Pennsylvania Compulsory Arbitration Motion Practice (Response to Arbitration Application) is a process by which a party to an arbitration dispute can make a motion to the arbitration tribunal, requesting that the tribunal take action on the dispute. This motion is used to address any issues related to the arbitration process, such as the scope of the arbitration, the selection of the arbitrators, or the admissibility of evidence. The court will review the motion and determine whether it is appropriate for the tribunal to take action. There are several types of Pennsylvania Compulsory Arbitration Motion Practice (Response to Arbitration Application). These include a Motion to Dismiss, which requests that the tribunal dismiss the arbitration proceedings; a Motion to Compel Arbitration, which requests that the tribunal require the parties to go through the arbitration process; a Motion to Stay Arbitration, which requests that the tribunal pause the arbitration process; and a Motion for Summary Judgment, which requests that the tribunal decide the dispute without having to hear any evidence. Other motion types may also be available, depending on the circumstances of the dispute.
Pennsylvania Compulsory Arbitration Motion Practice (Response to Arbitration Application)
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Notice. (1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
Code § 1021.13 - Computation of time. (a) Except as otherwise provided by law, in computing a period of time prescribed or allowed by the rules of the Board or another provision of law, time shall be computed to exclude the first day of the action, event or filing.
Rule 1301 - Compulsory Arbitration: Cases Covered (a) Any civil action where the amount in controversy is Fifty Thousand ($50,000) Dollars or less and title to real estate is not involved, shall be submitted to compulsory arbitration pursuant to Section 7361 of the Judicial Code, 42 Pa. C.S.
To file an appeal on an arbitration award, you must file a Notice of Appeal. You must file an original, and a copy. Include a copy and a stamped self-addressed envelope for each opposing counsel.
The Rule Returnable Orders compel the offending party to appear in Court to explain why they failed to attend the hearing, why they were not ready to proceed and why sanctions should not be entered against them.
The parties may agree to extend the Arbitration jurisdictional limits for a case up to $50,000. Such agreement must be by all parties and approved by the court.
Rule 1303 - Hearing. Notice (a) (1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
Rule 1305 - Conduct of Hearing. Evidence (a) Except as prescribed by this rule, the rules of evidence shall be followed in all hearings before arbitrators. Rulings on objections to evidence or on other issues which arise during the hearing shall be made by a majority of the board.