§ 7377. Motion for judicial relief.

213 words·~1 min read·/pa/title-42/chapter-73/7377

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Forum.-- A motion for judicial relief under this subchapter must be made to:

(1)the court in which a proceeding is pending involving a family law dispute subject to arbitration; or

(2)if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

(b)Compulsion.-- On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement which complies with section 7375 (relating to arbitration agreement) unless the court determines under section 7382 (relating to protection of party or child) that the arbitration should not proceed.

(c)Termination.-- On motion of a party, the court shall terminate arbitration if the court determines that:

(1)the agreement to arbitrate is unenforceable;

(2)the family law dispute is not subject to arbitration; or

(3)under section 7382 the arbitration should not proceed.

(d)Consolidation.-- Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if consolidation is necessary for the fair and expeditious resolution of the family law dispute.

42c7377v

Cross References. Section 7377 is referred to in sections 7379, 7389 of this title.

42c7378s