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Article

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Arbitration Under the New Pennsylvania Arbitration Statute, 76 University of Pennsylvania Law Review 498 (1928)

Abstract

The statute applies to provisions in written contracts, except contracts for personal services, to settle by arbitration "a controversy thereafter arising out of such contract, or out of the refusal to perform the whole or any part thereof," and to agreements in writing to submit. "any controversy existing between them" at the time of the agreement to submit. The statute embraces future-disputes agreements which involve controversies concerning the performance or non-performance of the main contract. Parties cannot, under the statute, agree to arbitrate any controversy which may thereafter arise between them. They can, however, agree in writing to arbitrate "any" existing controversy. Probably this generality will be held to include at least all common commercial disputes. As heretofore noted the statute does not exclude questions arising in connection with a contract for personal services if the controversy is existing when the written agreement to submit is entered into.

Date of Authorship for this Version

1928

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