When a Pennsylvania state court compels an arbitration and one of the parties later returns to the same court seeking modification of the arbitration award, the second party cannot then remove the dispute to federal court, since the petition to modify does not qualify as an “initial pleading” under the federal removal statute.
In West v. Zurich American Insurance Co., PICS Case No. 02-1040 (E.D. Pa. June 26, 2002) Green, J. (12 pages), Senior U.S. District Judge Clifford Scott Green predicted that the Pennsylvania Supreme Court would hold that the Pennsylvania Uniform Arbitration Act was designed as a “unitary framework” so that, when invoked by a party, jurisdiction “rests continually, throughout the controversy, with the court that first substantively deals with any aspect of the controversy.”
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