Wert v. Manorcare of Carlisle

Summary

This is a concurring opinion by Chief Justice Saylor of the Supreme Court of Pennsylvania in an appeal concerning the enforceability of an arbitration agreement that designated the National Arbitration Forum after that forum had ceased administering consumer arbitrations. The concurrence supports the result based on the agreement’s terms, the drafting party’s responsibility for the failed forum designation, and concerns surrounding the National Arbitration Forum’s withdrawal from consumer arbitration.

Holdings

1. The concurrence supports the result that the arbitration agreement should not be enforced according to its terms because the designated consumer arbitration forum was unavailable when the agreement was made.

Questions Presented

1. Whether an arbitration agreement designating the National Arbitration Forum is enforceable when the agreement was executed after NAF had withdrawn from administering consumer arbitrations.
2. Whether courts should enforce or otherwise reform a form arbitration contract when the designated forum is unavailable because of the drafting party's negligence.

Disposition

affirmed