Arbitrator, Not Court, Should Decide Whether Party Waived Arbitration, Pa. Federal Judge Rules

PITTSBURGH — An arbitrator, rather than the court, should decide whether a contractor waived its right to arbitrate its claim against a county because the parties’ contract clearly states that “any controversy or claim” arising out of the contract should be arbitrated, a Pennsylvania federal judge has ruled.

On Sept. 5, Judge A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania held that only the arbitrator has the power to decide whether the parties agreed to arbitrate the dispute.

In July 2010, Luzerne County hired D.A. Nolt Inc. to serve as the contractor on the …