HOUSE AMENDED
PRIOR PRINTER'S NO. 312 PRINTER'S NO. 2380
No. 253 Session of 2001
INTRODUCED BY LEMMOND, WENGER, THOMPSON, TOMLINSON, BELL,
SCHWARTZ, EARLL, WOZNIAK, RHOADES, MELLOW, COSTA, BOSCOLA,
O'PAKE, MUSTO, STACK AND LOGAN, FEBRUARY 6, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for <--
3 extending the statute of limitations for attempt to commit
4 murder, solicitation to commit murder and conspiracy to
5 commit murder. PROVIDING FOR INTERNATIONAL COMMERCIAL <--
6 ARBITRATION.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5552(b) of Title 42 of the Pennsylvania <--
10 Consolidated Statutes, amended December 20, 2000 (P.L.976,
11 No.136), is amended to read:
12 § 5552. Other offenses.
13 * * *
14 (b) Major offenses.--A prosecution for any of the following
15 offenses must be commenced within five years after it is
16 committed:
17 (1) Under the following provisions of Title 18 (relating
18 to crimes and offenses):
1 Section 901 (relating to criminal attempt) involving
2 attempt to commit murder where no murder occurs.
3 Section 902 (relating to criminal solicitation)
4 involving solicitation to commit murder where no murder
5 occurs.
6 Section 903 (relating to criminal conspiracy)
7 involving conspiracy to commit murder where no murder
8 occurs.
9 Section 911 (relating to corrupt organizations).
10 Section 2702 (relating to aggravated assault).
11 Section 2706 (relating to terroristic threats).
12 Section 2901 (relating to kidnapping).
13 Section 3121 (relating to rape).
14 Section 3122.1 (relating to statutory sexual
15 assault).
16 Section 3123 (relating to involuntary deviate sexual
17 intercourse).
18 Section 3124.1 (relating to sexual assault).
19 Section 3125 (relating to aggravated indecent
20 assault).
21 Section 3301 (relating to arson and related
22 offenses).
23 Section 3502 (relating to burglary).
24 Section 3701 (relating to robbery).
25 Section 3921 (relating to theft by unlawful taking or
26 disposition) through section 3933 (relating to unlawful
27 use of computer).
28 Section 4101 (relating to forgery).
29 Section 4108 (relating to commercial bribery and
30 breach of duty to act disinterestedly).
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1 Section 4109 (relating to rigging publicly exhibited
2 contest).
3 Section 4117 (relating to insurance fraud).
4 Section 4302 (relating to incest).
5 Section 4701 (relating to bribery in official and
6 political matters) through section 4703 (relating to
7 retaliation for past official action).
8 Section 4902 (relating to perjury) through section
9 4912 (relating to impersonating a public servant).
10 Section 4952 (relating to intimidation of witnesses
11 or victims).
12 Section 4953 (relating to retaliation against witness
13 or victim).
14 Section 5101 (relating to obstructing administration
15 of law or other governmental function).
16 Section 5111 (relating to dealing in proceeds of
17 unlawful activities).
18 Section 5512 (relating to lotteries, etc.) through
19 section 5514 (relating to pool selling and bookmaking).
20 Section 5902(b) (relating to prostitution and related
21 offenses).
22 Section 6312 (relating to sexual abuse of children).
23 (2) Any offense punishable under section 13(f) of the
24 act of April 14, 1972 (P.L.233, No.64), known as The
25 Controlled Substance, Drug, Device and Cosmetic Act.
26 (3) Any conspiracy to commit any of the offenses set
27 forth in paragraphs (1) and (2) and any solicitation to
28 commit any of the offenses in paragraphs (1) and (2) if the
29 solicitation results in the completed offense.
30 (4) Under the act of June 13, 1967 (P.L.31, No.21),
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1 known as the Public Welfare Code.
2 (5) Under the act of November 24, 1998 (P.L.874,
3 No.110), known as the Motor Vehicle Chop Shop and Illegally
4 Obtained and Altered Property Act.
5 * * *
6 Section 2. This act shall take effect immediately.
7 SECTION 1. CHAPTER 73 OF TITLE 42 OF THE PENNSYLVANIA <--
8 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
9 SUBCHAPTER D
10 INTERNATIONAL COMMERCIAL ARBITRATION
11 SEC.
12 7371. SHORT TITLE OF SUBCHAPTER.
13 7372. SCOPE OF SUBCHAPTER.
14 7373. DEFINITIONS.
15 7374. RECEIPT OF WRITTEN COMMUNICATIONS.
16 7375. WAIVER OF RIGHT TO OBJECT.
17 7376. JUDICIAL INVOLVEMENT.
18 7377. ARBITRATION AGREEMENT.
19 7378. COMPOSITION OF ARBITRAL TRIBUNAL.
20 7379. JURISDICTION OF ARBITRAL TRIBUNAL.
21 7380. CONDUCT OF ARBITRAL PROCEEDINGS.
22 7381. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS.
23 7382. RECOURSE AGAINST AWARD.
24 7383. RECOGNITION AND ENFORCEMENT OF AWARD.
25 § 7371. SHORT TITLE OF SUBCHAPTER.
26 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
27 INTERNATIONAL COMMERCIAL ARBITRATION LAW.
28 § 7372. SCOPE OF SUBCHAPTER.
29 (A) GENERAL RULE.--THIS SUBCHAPTER SHALL APPLY TO
30 INTERNATIONAL COMMERCIAL ARBITRATION, SUBJECT TO ANY AGREEMENT
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1 IN FORCE BETWEEN THE UNITED STATES, INCLUDING, BUT NOT LIMITED
2 TO, ANY OF ITS TERRITORIES OR POSSESSIONS, AND ANY OTHER COUNTRY
3 OR COUNTRIES.
4 (B) TERRITORIAL APPLICATION.--EXCEPT FOR SECTIONS 7377(B)
5 AND (C) (RELATING TO ARBITRATION AGREEMENT), 7383(A) AND (B)
6 (RELATING TO RECOGNITION AND ENFORCEMENT OF AWARD), THE
7 PROVISIONS OF THIS SUBCHAPTER SHALL APPLY ONLY IF THE PLACE OF
8 ARBITRATION IS LOCATED WITHIN THIS COMMONWEALTH.
9 (C) INTERNATIONAL CHARACTER.--AN ARBITRATION SHALL BE
10 CONCLUSIVELY PRESUMED TO BE INTERNATIONAL IF:
11 (1) THE PARTIES TO AN AGREEMENT, AT THE TIME OF THE
12 CONCLUSION OF THE AGREEMENT, HAVE THEIR PLACES OF BUSINESS IN
13 DIFFERENT COUNTRIES;
14 (2) ONE OF THE FOLLOWING PLACES IS SITUATED OUTSIDE THE
15 COUNTRY IN WHICH THE PARTIES HAVE THEIR PLACES OF BUSINESS:
16 (I) THE PLACE OF ARBITRATION, IF DETERMINED IN OR
17 PURSUANT TO, THE ARBITRATION AGREEMENT; OR
18 (II) ANY PLACE WHERE A SUBSTANTIAL PART OF THE
19 OBLIGATIONS OF THE COMMERCIAL RELATIONSHIP IS TO BE
20 PERFORMED; OR
21 (III) THE PLACE WITH WHICH THE SUBJECT MATTER OF THE
22 DISPUTE IS MOST CLOSELY CONNECTED; OR
23 (3) THE PARTIES HAVE EXPRESSLY AGREED THAT THE SUBJECT
24 MATTER OF THE ARBITRATION AGREEMENT RELATES TO MORE THAN ONE
25 COUNTRY.
26 (D) INTERPRETATION OF SUBCHAPTER.--FOR PURPOSES OF
27 SUBSECTION (C):
28 (1) IF A PARTY HAS MORE THAN ONE PLACE OF BUSINESS, THE
29 PLACE OF BUSINESS IS THAT WHICH HAS THE CLOSEST RELATIONSHIP
30 TO THE ARBITRATION AGREEMENT.
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1 (2) IF A PARTY DOES NOT HAVE A PLACE OF BUSINESS,
2 REFERENCE SHALL BE MADE TO THAT PARTY'S HABITUAL RESIDENCE.
3 (3) WHERE A PROVISION OF THIS SUBCHAPTER, EXCEPT SECTION
4 7381(A) (RELATING TO MAKING OF AWARD AND TERMINATION OF
5 PROCEEDINGS), LEAVES THE PARTIES WITH THE RIGHT TO DETERMINE
6 A CERTAIN ISSUE, THE RIGHT INCLUDES THE RIGHT OF THE PARTIES
7 TO AUTHORIZE A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, AN
8 INSTITUTION, TO MAKE THAT DETERMINATION.
9 (4) WHERE A PROVISION OF THIS SUBCHAPTER REFERS TO THE
10 FACT THAT THE PARTIES HAVE AGREED OR THAT THEY MAY AGREE OR
11 IN ANY OTHER WAY REFERS TO AN AGREEMENT OF THE PARTIES, THAT
12 AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, ANY ARBITRATION
13 RULES REFERRED TO IN THAT AGREEMENT.
14 (5) WHERE A PROVISION OF THIS SUBCHAPTER, OTHER THAN
15 SECTIONS 7380(H)(1) (RELATING TO CONDUCT OF ARBITRAL
16 PROCEEDINGS) AND 7381(E)(2)(I) (RELATING TO MAKING OF AWARD
17 AND TERMINATION OF PROCEEDINGS), REFERS TO A CLAIM, THE
18 PROVISION SHALL ALSO APPLY TO A COUNTERCLAIM, AND WHERE IT
19 REFERS TO A DEFENSE, THE PROVISION SHALL ALSO APPLY TO A
20 DEFENSE TO THAT COUNTERCLAIM.
21 (E) LIMITATION.--THIS SUBCHAPTER SHALL NOT AFFECT ANY OTHER
22 LAW OF THIS COMMONWEALTH BY VIRTUE OF WHICH CERTAIN DISPUTES MAY
23 NOT BE SUBMITTED TO ARBITRATION OR MAY BE SUBMITTED TO
24 ARBITRATION ONLY ACCORDING TO PROVISIONS OTHER THAN THE
25 PROVISIONS OF THIS SUBCHAPTER.
26 § 7373. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 "ARBITRAL TRIBUNAL." A SOLE ARBITRATOR OR PANEL OF
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1 ARBITRATORS.
2 "ARBITRATION." ANY ARBITRATION, WHETHER OR NOT ADMINISTERED
3 BY A PERMANENT ARBITRAL INSTITUTION.
4 "ARBITRATION AGREEMENT." AN AGREEMENT BY PARTIES TO SUBMIT
5 TO ARBITRATION ALL OR CERTAIN DISPUTES WHICH HAVE ARISEN OR
6 WHICH MAY ARISE BETWEEN THEM OF A DEFINED LEGAL RELATIONSHIP,
7 WHETHER CONTRACTUAL OR NOT. AN ARBITRATION AGREEMENT MAY BE IN
8 THE FORM OF AN ARBITRATION CLAUSE IN A CONTRACT OR IN ANY FORM
9 OF A SEPARATE AGREEMENT.
10 "COURT." A BODY OR ORGAN OF THE JUDICIAL SYSTEM OF A
11 COUNTRY.
12 § 7374. RECEIPT OF WRITTEN COMMUNICATIONS.
13 (A) GENERAL RULE.--UNLESS OTHERWISE AGREED BY THE PARTIES:
14 (1) ANY WRITTEN COMMUNICATION SHALL BE DEEMED TO HAVE
15 BEEN RECEIVED IF IT IS DELIVERED TO THE ADDRESSEE PERSONALLY,
16 OR AT THE ADDRESSEE'S PLACE OF BUSINESS, HABITUAL RESIDENCE
17 OR MAILING ADDRESS, OR IF NONE OF THESE CAN BE FOUND AFTER
18 MAKING A REASONABLE INQUIRY, A WRITTEN COMMUNICATION SHALL BE
19 DEEMED TO HAVE BEEN RECEIVED IF IT IS SENT TO THE ADDRESSEE'S
20 LAST KNOWN PLACE OF BUSINESS, HABITUAL RESIDENCE OR MAILING
21 ADDRESS BY REGISTERED LETTER OR ANY OTHER MEANS WHICH
22 PROVIDES A RECORD OF THE ATTEMPT TO DELIVER IT.
23 (2) THE COMMUNICATION SHALL BE DEEMED TO HAVE BEEN
24 RECEIVED ON THE DAY IT IS DELIVERED.
25 (B) LIMITATION.--THE PROVISIONS OF THIS SUBCHAPTER SHALL NOT
26 APPLY TO COMMUNICATIONS IN COURT PROCEEDINGS.
27 § 7375. WAIVER OF RIGHT TO OBJECT.
28 A PARTY WHO KNOWS THAT ANY PROVISION OF THIS SUBCHAPTER FROM
29 WHICH THE PARTIES MAY DEROGATE OR ANY REQUIREMENT UNDER THE
30 ARBITRATION AGREEMENT HAS NOT BEEN COMPLIED WITH AND YET
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1 PROCEEDS WITH THE ARBITRATION WITHOUT STATING HIS OBJECTION TO
2 SUCH NONCOMPLIANCE WITHOUT UNDUE DELAY, OR, IF A TIME LIMIT IS
3 PROVIDED THEREFOR, WITHIN SUCH PERIOD OF TIME, SHALL BE DEEMED
4 TO HAVE WAIVED HIS RIGHT TO OBJECT.
5 § 7376. JUDICIAL INVOLVEMENT.
6 (A) EXTENT OF COURT INTERVENTION.--IN MATTERS GOVERNED BY
7 THIS SUBCHAPTER, NO COURT SHALL INTERVENE EXCEPT WHERE SO
8 PROVIDED IN THIS SUBCHAPTER.
9 (B) COURT OR OTHER AUTHORITY FOR CERTAIN FUNCTIONS OF
10 ARBITRATION ASSISTANCE AND SUPERVISION.--THE FUNCTIONS REFERRED
11 TO IN SECTIONS 7378(B)(3) AND (4), (D)(3) AND (E) (RELATING TO
12 COMPOSITION OF ARBITRAL TRIBUNAL), 7379(A)(3) (RELATING TO
13 JURISDICTION OF ARBITRAL TRIBUNAL) AND 7382(2) (RELATING TO
14 RECOURSE AGAINST AWARD), SHALL BE PERFORMED BY THE PRESIDENT
15 JUDGE OF THE COURT OF COMMON PLEAS WHERE THE ACTION IS LOCATED.
16 § 7377. ARBITRATION AGREEMENT.
17 (A) FORM OF ARBITRATION AGREEMENT.--AN ARBITRATION AGREEMENT
18 SHALL BE IN WRITING. AN AGREEMENT SHALL BE IN WRITING IF IT IS
19 CONTAINED IN A DOCUMENT SIGNED BY THE PARTIES OR IN AN EXCHANGE
20 OF LETTERS, TELEX, TELEGRAMS OR OTHER MEANS OF TELECOMMUNICATION
21 WHICH PROVIDE A RECORD OF THE AGREEMENT OR IN AN EXCHANGE OF
22 STATEMENTS OF CLAIM AND DEFENSE IN WHICH THE EXISTENCE OF AN
23 AGREEMENT IS ALLEGED BY ONE PARTY AND NOT DENIED BY ANOTHER. THE
24 REFERENCE IN A CONTRACT TO A DOCUMENT CONTAINING AN ARBITRATION
25 CLAUSE CONSTITUTES AN ARBITRATION AGREEMENT PROVIDED THAT THE
26 CONTRACT IS IN WRITING AND THE REFERENCE IS SUCH AS TO MAKE THAT
27 CLAUSE PART OF THE CONTRACT.
28 (B) ARBITRATION AGREEMENT AND SUBSTANTIVE CLAIM BEFORE
29 COURT.--
30 (1) A COURT BEFORE WHICH AN ACTION IS BROUGHT IN A
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1 MATTER WHICH IS THE SUBJECT OF AN ARBITRATION AGREEMENT
2 SHALL, IF A PARTY SO REQUESTS NOT LATER THAN WHEN SUBMITTING
3 HIS FIRST STATEMENT ON THE SUBSTANCE OF THE DISPUTE, REFER
4 THE PARTIES TO ARBITRATION UNLESS IT FINDS THAT THE AGREEMENT
5 IS NULL AND VOID, INOPERATIVE OR INCAPABLE OF BEING
6 PERFORMED.
7 (2) WHERE AN ACTION REFERRED TO IN PARAGRAPH (1) HAS
8 BEEN BROUGHT, ARBITRAL PROCEEDINGS MAY NEVERTHELESS BE
9 COMMENCED OR CONTINUED, AND AN AWARD MAY BE MADE, WHILE THE
10 ISSUE IS PENDING BEFORE THE COURT.
11 (C) ARBITRATION AGREEMENT AND INTERIM MEASURES BY COURT.--IT
12 SHALL NOT BE INCOMPATIBLE WITH AN ARBITRATION AGREEMENT FOR A
13 PARTY TO REQUEST, BEFORE OR DURING ARBITRAL PROCEEDINGS, FROM A
14 COURT AN INTERIM MEASURE OF PROTECTION AND FOR A COURT TO GRANT
15 SUCH MEASURE.
16 § 7378. COMPOSITION OF ARBITRAL TRIBUNAL.
17 (A) NUMBER OF ARBITRATORS.--
18 (1) THE PARTIES MAY DETERMINE THE NUMBER OF ARBITRATORS.
19 (2) FAILING SUCH DETERMINATION, THE NUMBER OF
20 ARBITRATORS SHALL BE THREE.
21 (B) APPOINTMENT OF ARBITRATORS.--
22 (1) NO PERSON SHALL BE PRECLUDED BY REASON OF HIS
23 NATIONALITY FROM ACTING AS AN ARBITRATOR UNLESS OTHERWISE
24 AGREED BY THE PARTIES.
25 (2) THE PARTIES MAY AGREE ON A PROCEDURE OF APPOINTING
26 THE ARBITRATOR OR ARBITRATORS, SUBJECT TO PARAGRAPHS (4) AND
27 (5).
28 (3) FAILING SUCH AGREEMENT:
29 (I) IN AN ARBITRATION WITH THREE ARBITRATORS, EACH
30 PARTY SHALL APPOINT ONE ARBITRATOR, AND THE TWO
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1 ARBITRATORS THUS APPOINTED SHALL APPOINT THE THIRD
2 ARBITRATOR. IF A PARTY FAILS TO APPOINT THE ARBITRATOR
3 WITHIN 30 DAYS OF RECEIPT OF A REQUEST TO DO SO FROM THE
4 OTHER PARTY OR IF THE TWO ARBITRATORS FAIL TO AGREE ON
5 THE THIRD ARBITRATOR WITHIN 30 DAYS OF THEIR APPOINTMENT,
6 THE APPOINTMENT SHALL BE MADE, UPON REQUEST OF A PARTY,
7 BY THE COURT OR OTHER AUTHORITY SPECIFIED IN SECTION
8 7376(B) (RELATING TO JUDICIAL INVOLVEMENT).
9 (II) IN AN ARBITRATION WITH A SOLE ARBITRATOR, IF
10 THE PARTIES ARE UNABLE TO AGREE ON THE ARBITRATOR, HE
11 SHALL BE APPOINTED, UPON REQUEST OF A PARTY, BY THE COURT
12 OR OTHER AUTHORITY SPECIFIED IN SECTION 7376.
13 (4) WHERE, UNDER AN APPOINTMENT PROCEDURE AGREED UPON BY
14 THE PARTIES:
15 (I) A PARTY FAILS TO ACT AS REQUIRED UNDER SUCH
16 PROCEDURE;
17 (II) THE PARTIES, OR TWO ARBITRATORS, ARE UNABLE TO
18 REACH AN AGREEMENT EXPECTED OF THEM UNDER SUCH PROCEDURE;
19 OR
20 (III) A THIRD PARTY, INCLUDING AN INSTITUTION, FAILS
21 TO PERFORM ANY FUNCTION ENTRUSTED TO IT UNDER SUCH
22 PROCEDURE,
23 ANY PARTY MAY REQUEST THE COURT OR OTHER AUTHORITY SPECIFIED
24 IN SECTION 7376 TO TAKE THE NECESSARY MEASURE UNLESS THE
25 AGREEMENT ON THE APPOINTMENT PROCEDURE PROVIDES OTHER MEANS
26 FOR SECURING THE APPOINTMENT.
27 (5) A DECISION ON A MATTER ENTRUSTED BY PARAGRAPH (3) OR
28 (4) TO THE COURT OR OTHER AUTHORITY SPECIFIED IN SECTION 7376
29 SHALL NOT BE SUBJECT TO APPEAL. THE COURT OR OTHER AUTHORITY,
30 IN APPOINTING AN ARBITRATOR, SHALL HAVE DUE REGARD TO ANY
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1 QUALIFICATIONS REQUIRED OF THE ARBITRATOR BY THE AGREEMENT OF
2 THE PARTIES AND TO SUCH CONSIDERATIONS AS ARE LIKELY TO
3 SECURE THE APPOINTMENT OF AN INDEPENDENT AND IMPARTIAL
4 ARBITRATOR AND, IN THE CASE OF SOLE OR THIRD ARBITRATOR,
5 SHALL TAKE INTO ACCOUNT AS WELL THE ADVISABILITY OF
6 APPOINTING AN ARBITRATOR OF A NATIONALITY OTHER THAN THOSE OF
7 THE PARTIES.
8 (C) GROUNDS FOR CHALLENGE.--
9 (1) WHEN A PERSON IS APPROACHED IN CONNECTION WITH HIS
10 POSSIBLE APPOINTMENT AS AN ARBITRATOR, HE SHALL DISCLOSE ANY
11 CIRCUMSTANCES LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO
12 HIS IMPARTIALITY OR INDEPENDENCE. AN ARBITRATOR, FROM THE
13 TIME OF HIS APPOINTMENT AND THROUGHOUT THE ARBITRAL
14 PROCEEDINGS, SHALL WITHOUT DELAY DISCLOSE ANY SUCH
15 CIRCUMSTANCES TO THE PARTIES UNLESS THEY HAVE ALREADY BEEN
16 INFORMED OF THEM BY HIM.
17 (2) AN ARBITRATOR MAY BE CHALLENGED ONLY IF
18 CIRCUMSTANCES EXIST THAT GIVE RISE TO JUSTIFIABLE DOUBTS AS
19 TO HIS IMPARTIALITY OR INDEPENDENCE OR IF HE DOES NOT POSSESS
20 QUALIFICATIONS AGREED TO BY THE PARTIES. A PARTY MAY
21 CHALLENGE AN ARBITRATOR APPOINTED BY HIM OR IN WHOSE
22 APPOINTMENT HE HAS PARTICIPATED ONLY FOR REASONS OF WHICH HE
23 BECOMES AWARE AFTER THE APPOINTMENT HAS BEEN MADE.
24 (D) CHALLENGE PROCEDURE.--
25 (1) THE PARTIES MAY AGREE ON A PROCEDURE FOR CHALLENGING
26 AN ARBITRATOR, SUBJECT TO THE PROVISIONS OF PARAGRAPH (3).
27 (2) FAILING SUCH AGREEMENT, A PARTY WHO INTENDS TO
28 CHALLENGE AN ARBITRATOR SHALL, WITHIN 15 DAYS AFTER BECOMING
29 AWARE OF THE CONSTITUTION OF THE ARBITRAL TRIBUNAL OR AFTER
30 BECOMING AWARE OF ANY CIRCUMSTANCE REFERRED TO IN SUBSECTION
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1 (C)(2), SEND A WRITTEN STATEMENT OF THE REASONS FOR THE
2 CHALLENGE TO THE ARBITRAL TRIBUNAL. UNLESS THE CHALLENGED
3 ARBITRATOR WITHDRAWS FROM HIS OFFICE OR THE OTHER PARTY
4 AGREES TO THE CHALLENGE, THE ARBITRAL TRIBUNAL SHALL DECIDE
5 ON THE CHALLENGE.
6 (3) IF A CHALLENGE UNDER ANY PROCEDURE AGREED UPON BY
7 THE PARTIES OR UNDER THE PROCEDURE OF PARAGRAPH (2) IS NOT
8 SUCCESSFUL, THE CHALLENGING PARTY MAY REQUEST, WITHIN 30 DAYS
9 AFTER HAVING RECEIVED NOTICE OF THE DECISION REJECTING THE
10 CHALLENGE, THE COURT OR OTHER AUTHORITY SPECIFIED IN SECTION
11 7376 TO DECIDE ON THE CHALLENGE, WHICH DECISION SHALL BE
12 SUBJECT TO NO APPEAL, WHILE SUCH A REQUEST IS PENDING, THE
13 ARBITRAL TRIBUNAL, INCLUDING THE CHALLENGED ARBITRATOR, MAY
14 CONTINUE THE ARBITRAL PROCEEDINGS AND MAKE AN AWARD.
15 (E) FAILURE OR IMPOSSIBILITY TO ACT.--
16 (1) IF AN ARBITRATOR BECOMES DE JURE OR DE FACTO UNABLE
17 TO PERFORM HIS FUNCTIONS OR FOR OTHER REASONS FAILS TO ACT
18 WITHOUT UNDUE DELAY, HIS MANDATE TERMINATES IF HE WITHDRAWS
19 FROM HIS OFFICE OR IF THE PARTIES AGREE ON THE TERMINATION.
20 OTHERWISE, IF A CONTROVERSY REMAINS CONCERNING ANY OF THESE
21 GROUNDS, ANY PARTY MAY REQUEST THE COURT OR OTHER AUTHORITY
22 SPECIFIED IN SECTION 7376 TO DECIDE ON THE TERMINATION OF THE
23 MANDATE, WHICH DECISION SHALL NOT BE SUBJECT TO APPEAL.
24 (2) IF, UNDER THIS SUBSECTION OR SUBSECTION (D)(2), AN
25 ARBITRATOR WITHDRAWS FROM HIS OFFICE OR A PARTY AGREES TO THE
26 TERMINATION OF THE MANDATE OF AN ARBITRATOR, THIS DOES NOT
27 IMPLY ACCEPTANCE OF THE VALIDITY OF ANY GROUND REFERRED TO IN
28 THIS SUBSECTION OR SUBSECTION (D)(2).
29 (F) APPOINTMENT OF SUBSTITUTE ARBITRATOR.--WHERE THE MANDATE
30 OF AN ARBITRATOR TERMINATES UNDER SUBSECTION (D) OR (E) OR
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1 BECAUSE OF HIS WITHDRAWAL FROM OFFICE FOR ANY OTHER REASON OR
2 BECAUSE OF THE REVOCATION OF HIS MANDATE BY AGREEMENT OF THE
3 PARTIES OR IN ANY OTHER CASE OF TERMINATION OF HIS MANDATE, A
4 SUBSTITUTE ARBITRATOR SHALL BE APPOINTED ACCORDING TO THE RULES
5 THAT WERE APPLICABLE TO THE APPOINTMENT OF THE ARBITRATOR BEING
6 REPLACED.
7 § 7379. JURISDICTION OF ARBITRAL TRIBUNAL.
8 (A) COMPETENCE OF ARBITRAL TRIBUNAL TO RULE ON ITS
9 JURISDICTION.--
10 (1) THE ARBITRAL TRIBUNAL MAY RULE ON ITS OWN
11 JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE
12 EXISTENCE OR VALIDITY OF THE ARBITRATION AGREEMENT. FOR THAT
13 PURPOSE, AN ARBITRATION CLAUSE WHICH FORMS PART OF A CONTRACT
14 SHALL BE TREATED AS AN AGREEMENT INDEPENDENT OF THE OTHER
15 TERMS OF THE CONTRACT. A DECISION BY THE ARBITRAL TRIBUNAL
16 THAT THE CONTRACT IS NULL AND VOID SHALL NOT OPERATE, AS A
17 MATTER OF LAW, TO DECIDE THE INVALIDITY OF THE ARBITRATION
18 CLAUSE.
19 (2) A PLEA THAT THE ARBITRAL TRIBUNAL DOES NOT HAVE
20 JURISDICTION SHALL BE RAISED NOT LATER THAN THE SUBMISSION OF
21 THE STATEMENT OF DEFENSE. A PARTY IS NOT PRECLUDED FROM
22 RAISING SUCH A PLEA BY THE FACT THAT HE HAS APPOINTED OR
23 PARTICIPATED IN THE APPOINTMENT OF AN ARBITRATOR. A PLEA THAT
24 THE ARBITRAL TRIBUNAL IS EXCEEDING THE SCOPE OF ITS AUTHORITY
25 SHALL BE RAISED AS SOON AS THE MATTER ALLEGED TO BE BEYOND
26 THE SCOPE OF ITS AUTHORITY IS RAISED DURING THE ARBITRAL
27 PROCEEDINGS. THE ARBITRAL TRIBUNAL MAY, IN EITHER CASE, ADMIT
28 A LATER PLEA IF IT CONSIDERS THE DELAY JUSTIFIED.
29 (3) THE ARBITRAL TRIBUNAL MAY RULE ON A PLEA REFERRED TO
30 IN PARAGRAPH (2) EITHER AS A PRELIMINARY QUESTION OR IN AN
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1 AWARD ON THE MERITS. IF THE ARBITRAL TRIBUNAL RULES AS A
2 PRELIMINARY QUESTION THAT IT HAS JURISDICTION, ANY PARTY MAY
3 REQUEST, WITHIN 30 DAYS AFTER HAVING RECEIVED NOTICE OF THAT
4 RULING, THE COURT SPECIFIED IN SECTION 7376 (RELATING TO
5 JUDICIAL INVOLVEMENT) TO DECIDE THE MATTER, WHICH DECISION
6 SHALL BE SUBJECT TO NO APPEAL; WHILE SUCH A REQUEST IS
7 PENDING, THE ARBITRAL TRIBUNAL MAY CONTINUE THE ARBITRAL
8 PROCEEDINGS AND MAKE AN AWARD.
9 (B) POWER OF ARBITRAL TRIBUNAL TO ORDER INTERIM MEASURES.--
10 UNLESS OTHERWISE AGREED BY THE PARTIES, THE ARBITRAL TRIBUNAL
11 MAY, AT THE REQUEST OF A PARTY, ORDER ANY PARTY TO TAKE SUCH
12 INTERIM MEASURE OF PROTECTION AS THE ARBITRAL TRIBUNAL MAY
13 CONSIDER NECESSARY IN RESPECT OF THE SUBJECT MATTER OF THE
14 DISPUTE. THE ARBITRAL TRIBUNAL MAY REQUIRE ANY PARTY TO PROVIDE
15 APPROPRIATE SECURITY IN CONNECTION WITH SUCH MEASURE.
16 § 7380. CONDUCT OF ARBITRAL PROCEEDINGS.
17 (A) EQUAL TREATMENT OF PARTIES.--THE PARTIES SHALL BE
18 TREATED WITH EQUALITY AND EACH PARTY SHALL BE GIVEN A FULL
19 OPPORTUNITY OF PRESENTING HIS CASE.
20 (B) DETERMINATION OF RULES OF PROCEDURE.--
21 (1) SUBJECT TO THE PROVISIONS OF THIS SUBCHAPTER, THE
22 PARTIES MAY AGREE ON THE PROCEDURE TO BE FOLLOWED BY THE
23 ARBITRAL TRIBUNAL IN CONDUCTING THE PROCEEDINGS.
24 (2) FAILING SUCH AGREEMENT, THE ARBITRAL TRIBUNAL MAY,
25 SUBJECT TO THE PROVISIONS OF THIS SUBCHAPTER, CONDUCT THE
26 ARBITRATION IN SUCH MANNER AS IT CONSIDERS APPROPRIATE. THE
27 POWER CONFERRED UPON THE ARBITRAL TRIBUNAL INCLUDES THE POWER
28 TO DETERMINE THE ADMISSIBILITY, RELEVANCE, MATERIALITY AND
29 WEIGHT OF ANY EVIDENCE.
30 (C) PLACE OF ARBITRATION.--
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1 (1) THE PARTIES ARE FREE TO AGREE ON THE PLACE OF
2 ARBITRATION. FAILING SUCH AGREEMENT, THE PLACE OF ARBITRATION
3 SHALL BE DETERMINED BY THE ARBITRAL TRIBUNAL HAVING REGARD TO
4 THE CIRCUMSTANCES OF THE CASE, INCLUDING THE CONVENIENCE OF
5 THE PARTIES.
6 (2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), THE
7 ARBITRAL TRIBUNAL MAY, UNLESS OTHERWISE AGREED BY THE
8 PARTIES, MEET AT ANY PLACE IT CONSIDERS APPROPRIATE FOR
9 CONSULTATION AMONG ITS MEMBERS, FOR HEARING WITNESSES,
10 EXPERTS OR THE PARTIES OR FOR INSPECTION OF GOODS, OTHER
11 PROPERTY OR DOCUMENTS.
12 (D) COMMENCEMENT OF ARBITRAL PROCEEDINGS.--UNLESS OTHERWISE
13 AGREED BY THE PARTIES, THE ARBITRAL TRIBUNAL PROCEEDINGS IN
14 RESPECT OF A PARTICULAR DISPUTE COMMENCE ON THE DATE ON WHICH A
15 REQUEST FOR THAT DISPUTE TO BE REFERRED TO ARBITRATION IS
16 RECEIVED BY THE RESPONDENT.
17 (E) LANGUAGE.--
18 (1) THE PARTIES MAY AGREE ON THE LANGUAGE OR LANGUAGES
19 TO BE USED IN THE ARBITRAL PROCEEDINGS. FAILING SUCH
20 AGREEMENT, THE ARBITRAL TRIBUNAL SHALL DETERMINE THE LANGUAGE
21 OR LANGUAGES TO BE USED IN THE PROCEEDINGS. THIS AGREEMENT OF
22 DETERMINATION, UNLESS OTHERWISE SPECIFIED THEREIN, SHALL
23 APPLY TO ANY WRITTEN STATEMENT BY A PARTY, ANY HEARING AND
24 ANY AWARD, DECISION OR OTHER COMMUNICATION BY THE ARBITRAL
25 TRIBUNAL.
26 (2) THE ARBITRAL TRIBUNAL MAY ORDER THAT ANY DOCUMENTARY
27 EVIDENCE SHALL BE ACCOMPANIED BY A TRANSLATION INTO THE
28 LANGUAGE OR LANGUAGES AGREED UPON BY THE PARTIES OR
29 DETERMINED BY THE ARBITRAL TRIBUNAL.
30 (F) STATEMENTS OF CLAIM AND DEFENSE.--
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1 (1) WITHIN THE PERIOD OF TIME AGREED BY THE PARTIES OR
2 DETERMINED BY THE ARBITRAL TRIBUNAL, THE CLAIMANT SHALL STATE
3 THE FACTS SUPPORTING HIS CLAIM, THE POINTS AT ISSUE AND THE
4 RELIEF OR REMEDY SOUGHT, AND THE RESPONDENT SHALL STATE HIS
5 DEFENSE IN RESPECT OF THESE PARTICULARS UNLESS THE PARTIES
6 HAVE OTHERWISE AGREED AS TO THE REQUIRED ELEMENTS OF SUCH
7 STATEMENTS. THE PARTIES MAY SUBMIT WITH THEIR STATEMENTS ALL
8 DOCUMENTS THEY CONSIDER TO BE RELEVANT OR MAY ADD A REFERENCE
9 TO THE DOCUMENTS OR OTHER EVIDENCE THEY WILL SUBMIT.
10 (2) UNLESS OTHERWISE AGREED BY THE PARTIES, EITHER PARTY
11 MAY AMEND OR SUPPLEMENT HIS CLAIM OR DEFENSE DURING THE
12 COURSE OF THE ARBITRAL PROCEEDINGS UNLESS THE ARBITRAL
13 TRIBUNAL CONSIDERS IT INAPPROPRIATE TO ALLOW SUCH AMENDMENTS
14 HAVING REGARD TO THE DELAY IN MAKING IT.
15 (G) HEARINGS AND WRITTEN PROCEEDINGS.--
16 (1) SUBJECT TO ANY CONTRARY AGREEMENT BY THE PARTIES,
17 THE ARBITRAL TRIBUNAL SHALL DECIDE WHETHER TO HOLD ORAL
18 HEARINGS FOR THE PRESENTATION OF EVIDENCE OR FOR ORAL
19 ARGUMENT OR WHETHER THE PROCEEDINGS SHALL BE CONDUCTED ON THE
20 BASIS OF DOCUMENTS AND OTHER MATERIALS. HOWEVER, UNLESS THE
21 PARTIES HAVE AGREED THAT NO HEARINGS SHALL BE HELD, THE
22 ARBITRAL TRIBUNAL SHALL HOLD SUCH HEARINGS AT AN APPROPRIATE
23 STAGE OF THE PROCEEDINGS, IF SO REQUESTED BY A PARTY.
24 (2) THE PARTIES SHALL BE GIVEN SUFFICIENT ADVANCE NOTICE
25 OF ANY HEARING AND OF ANY MEETING OF THE ARBITRAL TRIBUNAL
26 FOR THE PURPOSES OF INSPECTION OF GOODS, OTHER PROPERTY OR
27 DOCUMENTS.
28 (3) ALL STATEMENTS, DOCUMENTS OR OTHER INFORMATION
29 SUPPLIED TO THE ARBITRATION TRIBUNAL BY ONE PARTY SHALL BE
30 COMMUNICATED TO THE OTHER PARTY. ALSO, ANY EXPERT REPORT OR
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1 EVIDENTIARY DOCUMENT ON WHICH THE ARBITRAL TRIBUNAL MAY RELY
2 IN MAKING ITS DECISION SHALL BE COMMUNICATED TO THE PARTIES.
3 (H) DEFAULT OF PARTY.--UNLESS OTHERWISE AGREED BY THE
4 PARTIES, IF, WITHOUT SHOWING SUFFICIENT CAUSE:
5 (1) THE CLAIMANT FAILS TO COMMUNICATE HIS STATEMENT OF
6 CLAIM IN ACCORDANCE WITH SUBSECTION (F), THE ARBITRAL
7 TRIBUNAL SHALL TERMINATE THE PROCEEDINGS.
8 (2) THE RESPONDENT FAILS TO COMMUNICATE HIS STATEMENT OF
9 DEFENSE IN ACCORDANCE WITH SUBSECTION (F), THE ARBITRAL
10 TRIBUNAL SHALL CONTINUE THE PROCEEDINGS WITHOUT TREATING SUCH
11 FAILURE IN ITSELF AS AN ADMISSION OF THE CLAIMANT'S
12 ALLEGATIONS.
13 (3) ANY PARTY FAILS TO APPEAR AT A HEARING OR TO PRODUCE
14 DOCUMENTARY EVIDENCE, THE ARBITRAL TRIBUNAL MAY CONTINUE THE
15 PROCEEDINGS AND MAKE THE AWARD ON THE EVIDENCE BEFORE IT.
16 (I) EXPERT APPOINTED BY ARBITRAL TRIBUNAL.--
17 (1) UNLESS OTHERWISE AGREED BY THE PARTIES, THE ARBITRAL
18 TRIBUNAL:
19 (I) MAY APPOINT ONE OR MORE EXPERTS TO REPORT TO IT
20 ON SPECIFIC ISSUES TO BE DETERMINED BY THE ARBITRAL
21 TRIBUNAL; OR
22 (II) MAY REQUIRE A PARTY TO GIVE THE EXPERT ANY
23 RELEVANT INFORMATION OR TO PRODUCE, OR TO PROVIDE ACCESS
24 TO, ANY RELEVANT DOCUMENTS, GOODS OR OTHER PROPERTY FOR
25 HIS INSPECTION.
26 (2) UNLESS OTHERWISE AGREED BY THE PARTIES, IF A PARTY
27 SO REQUESTS OR IF THE ARBITRAL TRIBUNAL CONSIDERS IT
28 NECESSARY, THE EXPERT SHALL, AFTER DELIVERY OF HIS WRITTEN OR
29 ORAL REPORT, PARTICIPATE IN A HEARING WHERE THE PARTIES HAVE
30 THE OPPORTUNITY TO PUT QUESTIONS TO HIM AND TO PRESENT EXPERT
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1 WITNESSES IN ORDER TO TESTIFY ON THE POINTS AT ISSUE.
2 (J) COURT ASSISTANCE IN TAKING EVIDENCE.--THE ARBITRAL
3 TRIBUNAL OR A PARTY WITH THE APPROVAL OF THE ARBITRAL TRIBUNAL
4 MAY REQUEST FROM A COMPETENT COURT OF THIS COMMONWEALTH
5 ASSISTANCE IN TAKING EVIDENCE. THE COURT MAY EXECUTE THE REQUEST
6 WITHIN ITS COMPETENCE AND ACCORDING TO ITS RULES ON TAKING
7 EVIDENCE.
8 § 7381. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS.
9 (A) RULES APPLICABLE TO SUBSTANCE OF DISPUTE.--
10 (1) THE ARBITRAL TRIBUNAL SHALL DECIDE THE DISPUTE IN
11 ACCORDANCE WITH SUCH RULES OF LAW AS ARE CHOSEN BY THE
12 PARTIES AS APPLICABLE TO THE SUBSTANCE OF THE DISPUTE. ANY
13 DESIGNATION OF THE LAW OR LEGAL SYSTEM OF A GIVEN COUNTRY
14 SHALL BE CONSTRUED, UNLESS OTHERWISE EXPRESSED, AS DIRECTLY
15 REFERRING TO THE SUBSTANTIVE LAW OF THAT COUNTRY AND NOT TO
16 ITS CONFLICT OF LAWS RULES.
17 (2) FAILING ANY DESIGNATION BY THE PARTIES, THE ARBITRAL
18 TRIBUNAL SHALL APPLY THE LAW DETERMINED BY THE CONFLICT OF
19 LAWS RULES WHICH IT CONSIDERS APPLICABLE.
20 (3) THE ARBITRAL TRIBUNAL SHALL DECIDE ON EQUITABLE
21 PRINCIPLES ONLY IF THE PARTIES HAVE EXPRESSLY AUTHORIZED IT
22 TO DO SO.
23 (4) IN ALL CASES, THE ARBITRAL TRIBUNAL SHALL DECIDE IN
24 ACCORDANCE WITH THE TERMS OF THE CONTRACT AND SHALL TAKE INTO
25 ACCOUNT THE USAGES OF THE TRADE APPLICABLE TO THE
26 TRANSACTION.
27 (B) DECISION MAKING BY PANEL OF ARBITRATORS.--IN ARBITRAL
28 PROCEEDINGS WITH MORE THAN ONE ARBITRATOR, ANY DECISION OF THE
29 ARBITRAL TRIBUNAL SHALL BE MADE, UNLESS OTHERWISE AGREED BY THE
30 PARTIES, BY A MAJORITY OF ALL ITS MEMBERS. HOWEVER, QUESTIONS OF
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1 PROCEDURE MAY BE DECIDED BY A PRESIDING ARBITRATOR, IF SO
2 AUTHORIZED BY THE PARTIES OR ALL MEMBERS OF THE ARBITRAL
3 TRIBUNAL.
4 (C) SETTLEMENT.--
5 (1) IF, DURING ARBITRAL PROCEEDINGS, THE PARTIES SETTLE
6 THE DISPUTE, THE ARBITRAL TRIBUNAL SHALL TERMINATE THE
7 PROCEEDINGS AND, IF REQUESTED BY THE PARTIES AND NOT OBJECTED
8 TO BY THE ARBITRAL TRIBUNAL, RECORD THE SETTLEMENT IN THE
9 FORM OF AN ARBITRAL AWARD ON AGREED TERMS.
10 (2) AN AWARD ON AGREED TERMS SHALL BE MADE IN ACCORDANCE
11 WITH THE PROVISIONS OF SUBSECTION (D) AND SHALL STATE THAT IT
12 IS AN AWARD. THE AWARD SHALL HAVE THE SAME STATUS AND EFFECT
13 AS ANY OTHER AWARD ON THE MERITS OF THE CASE.
14 (D) FORM AND CONTENTS OF AWARD.--
15 (1) THE AWARD SHALL BE MADE IN WRITING AND SHALL BE
16 SIGNED BY THE ARBITRATOR OR ARBITRATORS. IN ARBITRAL
17 PROCEEDINGS WITH MORE THAN ONE ARBITRATOR, THE SIGNATURES OF
18 THE MAJORITY OF ALL MEMBERS OF THE ARBITRAL TRIBUNAL SHALL
19 SUFFICE, PROVIDED THAT THE REASON FOR ANY OMITTED SIGNATURE
20 IS STATED.
21 (2) THE AWARD SHALL STATE THE REASONS UPON WHICH IT IS
22 BASED UNLESS THE PARTIES HAVE AGREED THAT NO REASONS ARE TO
23 BE GIVEN OR THE AWARD IS AN AWARD ON AGREED TERMS UNDER
24 SUBSECTION (C).
25 (3) THE AWARD SHALL STATE ITS DATE AND THE PLACE OF
26 ARBITRATION AS DETERMINED IN ACCORDANCE WITH SECTION 7380(C)
27 (RELATING TO CONDUCT OF ARBITRAL PROCEEDINGS). THE AWARD
28 SHALL BE DEEMED TO HAVE BEEN MADE AT THAT PLACE.
29 (4) AFTER THE AWARD IS MADE, A COPY SIGNED BY THE
30 ARBITRATORS IN ACCORDANCE WITH PARAGRAPH (1) SHALL BE
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1 DELIVERED TO EACH PARTY.
2 (E) TERMINATION OF PROCEEDINGS.--
3 (1) THE ARBITRAL PROCEEDINGS SHALL BE TERMINATED BY THE
4 FINAL AWARD OR BY AN ORDER OF THE ARBITRAL TRIBUNAL IN
5 ACCORDANCE WITH PARAGRAPH (2).
6 (2) THE ARBITRAL TRIBUNAL SHALL ISSUE AN ORDER FOR THE
7 TERMINATION OF THE ARBITRAL PROCEEDINGS WHEN:
8 (I) THE CLAIMANT WITHDRAWS HIS CLAIM UNLESS THE
9 RESPONDENT OBJECTS THERETO AND THE ARBITRAL TRIBUNAL
10 RECOGNIZES A LEGITIMATE INTEREST ON HIS PART IN OBTAINING
11 A FINAL SETTLEMENT OF THE DISPUTE;
12 (II) THE PARTIES AGREE ON THE TERMINATION OF THE
13 PROCEEDINGS; OR
14 (III) THE ARBITRAL TRIBUNAL FINDS THAT THE
15 CONTINUATION OF THE PROCEEDINGS HAS FOR ANY OTHER REASON
16 BECOME UNNECESSARY OR IMPOSSIBLE.
17 (3) THE MANDATE OF THE ARBITRAL TRIBUNAL TERMINATES WITH
18 THE TERMINATION OF THE ARBITRAL PROCEEDINGS, SUBJECT TO THE
19 PROVISIONS OF SUBSECTION (F) AND SECTION 7382(4) (RELATING TO
20 RECOURSE AGAINST AWARD).
21 (F) CORRECTION AND INTERPRETATION OF AWARD AND ADDITIONAL
22 AWARD.--
23 (1) WITHIN 30 DAYS OF RECEIPT OF THE AWARD, UNLESS
24 ANOTHER PERIOD OF TIME HAS BEEN AGREED UPON BY THE PARTIES:
25 (I) A PARTY, WITH NOTICE TO THE OTHER PARTY, MAY
26 REQUEST THE ARBITRAL TRIBUNAL TO CORRECT IN THE AWARD ANY
27 ERRORS IN COMPUTATION, ANY CLERICAL OR TYPOGRAPHICAL
28 ERRORS OR ANY ERRORS OF SIMILAR NATURE.
29 (II) IF SO AGREED BY THE PARTIES, A PARTY, WITH
30 NOTICE TO THE OTHER PARTY, MAY REQUEST THE ARBITRAL
20010S0253B2380 - 20 -
1 TRIBUNAL TO GIVE AN INTERPRETATION OF A SPECIFIC POINT OR
2 PART OF THE AWARD.
3 IF THE ARBITRAL TRIBUNAL CONSIDERS THE REQUEST TO BE
4 JUSTIFIED, IT SHALL MAKE THE CORRECTION OR GIVE THE
5 INTERPRETATION WITHIN 30 DAYS OF RECEIPT OF THE REQUEST. THE
6 INTERPRETATION SHALL FORM PART OF THE AWARD.
7 (2) THE ARBITRAL TRIBUNAL MAY CORRECT ANY ERROR OF THE
8 TYPE REFERRED TO IN PARAGRAPH (1)(I) ON ITS OWN INITIATIVE
9 WITHIN 30 DAYS OF THE DATE OF THE AWARD.
10 (3) UNLESS OTHERWISE AGREED BY THE PARTIES, A PARTY,
11 WITH NOTICE TO THE OTHER PARTY, MAY REQUEST, WITHIN 30 DAYS
12 OF RECEIPT OF THE AWARD, THE ARBITRAL TRIBUNAL TO MAKE AN
13 ADDITIONAL AWARD AS TO CLAIMS PRESENTED IN THE ARBITRAL
14 PROCEEDINGS BUT OMITTED FROM THE AWARD. IF THE ARBITRAL
15 TRIBUNAL CONSIDERS THE REQUEST TO BE JUSTIFIED, IT SHALL MAKE
16 THE ADDITIONAL AWARD WITHIN 60 DAYS.
17 (4) THE ARBITRAL TRIBUNAL MAY EXTEND, IF NECESSARY, THE
18 PERIOD OF TIME WITHIN WHICH IT SHALL MAKE A CORRECTION,
19 INTERPRETATION OR AN ADDITIONAL AWARD UNDER PARAGRAPH (1) OR
20 (3).
21 (5) THE PROVISIONS OF SUBSECTION (D) SHALL APPLY TO A
22 CORRECTION OR INTERPRETATION OF THE AWARD OR TO AN ADDITIONAL
23 AWARD.
24 § 7382. RECOURSE AGAINST AWARD.
25 THE FOLLOWING EXCLUSIVE PROCEDURE SHALL APPLY FOR SETTING
26 ASIDE AN ARBITRAL AWARD:
27 (1) RECOURSE TO A COURT AGAINST AN ARBITRAL AWARD MAY BE
28 MADE ONLY BY AN APPLICATION FOR SETTING ASIDE IN ACCORDANCE
29 WITH PARAGRAPHS (2) AND (3).
30 (2) AN ARBITRAL AWARD MAY BE SET ASIDE BY THE COURT
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1 SPECIFIED IN SECTION 7376(B) (RELATING JUDICIAL INVOLVEMENT)
2 ONLY IF:
3 (I) THE PARTY MAKING THE APPLICATION FURNISHES PROOF
4 THAT:
5 (A) A PARTY TO THE ARBITRATION AGREEMENT
6 REFERRED TO IN SECTION 7377 (RELATING TO ARBITRATION
7 AGREEMENT) WAS UNDER SOME INCAPACITY; OR THE SAID
8 AGREEMENT IS NOT VALID UNDER THE LAW TO WHICH THE
9 PARTIES HAVE SUBJECTED IT OR, FAILING ANY INDICATION
10 THEREON, UNDER THE LAW OF THIS COMMONWEALTH;
11 (B) THE PARTY MAKING THE APPLICATION WAS NOT
12 GIVEN PROPER NOTICE OF THE APPOINTMENT OF AN
13 ARBITRATOR OR OF THE ARBITRAL PROCEEDINGS OR WAS
14 OTHERWISE UNABLE TO PRESENT HIS CASE;
15 (C) THE AWARD DEALS WITH A DISPUTE NOT
16 CONTEMPLATED BY OR NOT FALLING WITHIN THE TERMS OF
17 THE SUBMISSION TO ARBITRATION OR CONTAINS DECISIONS
18 ON MATTERS BEYOND THE SCOPE OF THE SUBMISSION TO
19 ARBITRATION, PROVIDED THAT, IF THE DECISIONS ON
20 MATTERS SUBMITTED TO ARBITRATION CAN BE SEPARATED
21 FROM THOSE NOT SO SUBMITTED, ONLY THAT PART OF THE
22 AWARD WHICH CONTAINS DECISIONS ON MATTERS NOT
23 SUBMITTED TO ARBITRATION MAY BE SET ASIDE; OR
24 (D) THE COMPOSITION OF THE ARBITRAL TRIBUNAL OR
25 THE ARBITRAL PROCEDURE WAS NOT IN ACCORDANCE WITH THE
26 AGREEMENT OF THE PARTIES UNLESS SUCH AGREEMENT WAS IN
27 CONFLICT WITH A PROVISION OF THIS SUBCHAPTER FROM
28 WHICH THE PARTIES CANNOT DEROGATE OR, FAILING SUCH
29 AGREEMENT, WAS NOT IN ACCORDANCE WITH THIS
30 SUBCHAPTER; OR
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1 (II) THE COURT FINDS THAT:
2 (A) THE SUBJECT MATTER OF THE DISPUTE IS NOT
3 CAPABLE OF SETTLEMENT BY ARBITRATION UNDER THE LAW OF
4 THIS COMMONWEALTH; OR
5 (B) THE AWARD IS IN CONFLICT WITH THE PUBLIC
6 POLICY OF THIS COMMONWEALTH.
7 (3) AN APPLICATION FOR SETTING ASIDE MAY NOT BE MADE
8 AFTER THREE MONTHS HAVE ELAPSED FROM THE DATE ON WHICH THE
9 PARTY MAKING THAT APPLICATION HAD RECEIVED THE AWARD OR, IF A
10 REQUEST HAD BEEN MADE UNDER SECTION 7381(F) (RELATING TO
11 MAKING OF AWARD AND TERMINATION OF PROCEEDINGS), FROM THE
12 DATE ON WHICH THAT REQUEST HAD BEEN DISPOSED OF BY THE
13 ARBITRAL TRIBUNAL.
14 (4) THE COURT, WHEN ASKED TO SET ASIDE AN AWARD, MAY,
15 WHERE APPROPRIATE AND SO REQUESTED BY A PARTY, SUSPEND THE
16 SETTING ASIDE PROCEEDINGS FOR A PERIOD OF TIME DETERMINED BY
17 IT IN ORDER TO GIVE THE ARBITRAL TRIBUNAL AN OPPORTUNITY TO
18 RESUME THE ARBITRAL PROCEEDINGS OR TO TAKE SUCH OTHER ACTION
19 AS IN THE ARBITRAL TRIBUNAL'S OPINION WILL ELIMINATE THE
20 GROUNDS FOR SETTING ASIDE.
21 § 7383. RECOGNITION AND ENFORCEMENT OF AWARD.
22 (A) RECOGNITION AND ENFORCEMENT.--
23 (1) AN ARBITRAL AWARD, IRRESPECTIVE OF THE COUNTRY IN
24 WHICH IT WAS MADE, SHALL BE RECOGNIZED AS BINDING AND, UPON
25 APPLICATION IN WRITING TO THE COMPETENT COURT, SHALL BE
26 ENFORCED SUBJECT TO THE PROVISIONS OF THIS SUBSECTION AND OF
27 SUBSECTION (B).
28 (2) THE PARTY RELYING ON AN AWARD OR APPLYING FOR ITS
29 ENFORCEMENT SHALL SUPPLY THE DULY AUTHENTICATED ORIGINAL
30 AWARD OR A DULY CERTIFIED COPY THEREOF, AND THE ORIGINAL
20010S0253B2380 - 23 -
1 ARBITRATION AGREEMENT REFERRED TO IN SECTION 7377 (RELATING
2 TO ARBITRATION AGREEMENT) OR A DULY CERTIFIED COPY THEREOF.
3 IF THE AWARD OR AGREEMENT IS NOT MADE IN AN OFFICIAL LANGUAGE
4 OF THIS COMMONWEALTH, THE PARTY SHALL SUPPLY A DULY CERTIFIED
5 TRANSLATION THEREOF INTO SUCH LANGUAGE.
6 (B) GROUNDS FOR REFUSING RECOGNITION OR ENFORCEMENT.--
7 (1) RECOGNITION OR ENFORCEMENT OF AN ARBITRAL AWARD,
8 IRRESPECTIVE OF THE COUNTRY IN WHICH IT WAS MADE, MAY BE
9 REFUSED ONLY:
10 (I) AT THE REQUEST OF THE PARTY AGAINST WHOM IT IS
11 INVOKED, IF THAT PARTY FURNISHES TO THE COMPETENT COURT
12 WHERE RECOGNITION OR ENFORCEMENT IS SOUGHT PROOF THAT:
13 (A) A PARTY TO THE ARBITRATION AGREEMENT
14 REFERRED TO IN SECTION 7377 WAS UNDER SOME INCAPACITY
15 OR THE AGREEMENT IS NOT VALID UNDER THE LAW TO WHICH
16 THE PARTIES HAVE SUBJECTED IT OR, FAILING ANY
17 INDICATION THEREON, UNDER THE LAW OF THE COUNTRY
18 WHERE THE AWARD WAS MADE;
19 (B) THE PARTY AGAINST WHOM THE AWARD IS INVOKED
20 WAS NOT GIVEN PROPER NOTICE OF THE APPOINTMENT OF AN
21 ARBITRATOR OR OF THE ARBITRAL PROCEEDINGS OR WAS
22 OTHERWISE UNABLE TO PRESENT HIS CASE;
23 (C) THE AWARD DEALS WITH A DISPUTE NOT
24 CONTEMPLATED BY OR NOT FALLING WITHIN THE TERMS OF
25 THE SUBMISSION TO ARBITRATION OR IT CONTAINS
26 DECISIONS ON MATTERS BEYOND THE SCOPE OF THE
27 SUBMISSION TO ARBITRATION, PROVIDED THAT, IF THE
28 DECISIONS ON MATTERS SUBMITTED TO ARBITRATION CAN BE
29 SEPARATED FROM THOSE NOT SO SUBMITTED, THAT PART OF
30 THE AWARD WHICH CONTAINS DECISIONS ON MATTERS
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1 SUBMITTED TO ARBITRATION MAY BE RECOGNIZED AND
2 ENFORCED;
3 (D) THE COMPOSITION OF THE ARBITRAL TRIBUNAL OR
4 THE ARBITRAL PROCEDURE WAS NOT IN ACCORDANCE WITH THE
5 AGREEMENT OF THE PARTIES OR, FAILING SUCH AGREEMENT,
6 WAS NOT IN ACCORDANCE WITH THE LAW OF THE COUNTRY
7 WHERE THE ARBITRATION TOOK PLACE;
8 (E) THE AWARD HAS NOT YET BECOME BINDING ON THE
9 PARTIES OR HAS BEEN SET ASIDE OR SUSPENDED BY A COURT
10 OF THE COUNTRY IN WHICH OR UNDER THE LAW OF WHICH
11 THAT AWARD WAS MADE; OR
12 (II) IF THE COURT FINDS THAT:
13 (A) THE SUBJECT MATTER OF THE DISPUTE IS NOT
14 CAPABLE OF SETTLEMENT BY ARBITRATION UNDER THE LAW OF
15 THIS COMMONWEALTH; OR
16 (B) THE RECOGNITION OR ENFORCEMENT OF THE AWARD
17 WOULD BE CONTRARY TO THE PUBLIC POLICY OF THIS
18 COMMONWEALTH.
19 (2) IF AN APPLICATION FOR SETTING ASIDE OR SUSPENSION OF
20 AN AWARD HAS BEEN MADE TO A COURT REFERRED TO IN PARAGRAPH
21 (1)(I)(E), THE COURT WHERE RECOGNITION OR ENFORCEMENT IS
22 SOUGHT MAY, IF IT CONSIDERS IT PROPER, ADJOURN ITS DECISION
23 AND MAY ALSO, ON THE APPLICATION OF THE PARTY CLAIMING
24 RECOGNITION OR ENFORCEMENT OF THE AWARD, ORDER THE OTHER
25 PARTY TO PROVIDE APPROPRIATE SECURITY.
26 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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