Pennsylvania - Chapter 17 - Interim Measures in the United States in Aid of Arbitration

Robert L. Byer concentrates his practice in appellate and legal issues litigation. Mr. Byer is a former judge of the Pennsylvania Commonwealth Court and Pennsylvania Court of Judicial Discipline. As an appellate lawyer, Mr. Byer has argued or briefed over 250 appeals in the United States Courts of Appeals for the Third, Fifth, Seventh, Eighth, Ninth, Eleventh, District of Columbia and Federal Circuits, the Pennsylvania appellate courts and the appellate courts of California, Maryland and Washington. He also has briefed and worked on appeals in the U.S. Supreme Court. His appellate work and legal-issues litigation experience covers a wide range of legal areas, including corporate governance, intellectual property, administrative agency law, tax cases, Constitutional law, real estate and land use regulation, insurance coverage, contracts, professional liability, products liability and toxic torts.

Rachel M. Good is an experienced trial lawyer who has tried nearly 20 jury trials to verdict and more than two dozen bench trials. As an associate in Duane Morris’s Trial Practice Group, Ms. Good represents clients in a wide array of complex commercial litigation, regulatory and investigatory matters in both state and federal courts.

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Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS

1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

(a) If so, please describe the nature of any such provisional relief that is available.

AND

(b) If so, please indicate whether this may be done before or after an arbitration is commenced.

Pennsylvania recently adopted the Revised Statutory Arbitration Act (“RSAA”). See 42 PA.C.S.
§§ 7321.1–7321.31. The RSAA replaces the 1995 Uniform Arbitration Act (“UAA”), 42 Pa.C.S. §§ 7301–7320, and applies to all arbitration agreements executed on or after July 1, 2019. The new laws may govern arbitration agreements executed before the RSAA’s effective date, if the parties choose.

Prior to the enactment of the RSAA, common law arbitration applied to all arbitration agreements unless the agreement specifically referenced the UAA’s statutory provisions. See 42 PA.C.S. § 7302(a). The RSAA abolishes this requirement and, in effect, abolishes common law arbitration in Pennsylvania for agreements entered into on or after July 1, 2019. See 42 PA.C.S. § 7321.4. Because of the recent, significant changes in Pennsylvania law on arbitration, it is important for practitioners to consider the date and terms of an arbitration agreement as there may be differences in the governing law and the availability of provisional remedies, as discussed below.