Supreme Court of Pennsylvania

MBC Development, LP, Aplts. v. Miller, J.

May 31, 2024

Summary

Justice Donohue, in a concurring opinion, agrees with the majority that the mandatory arbitration clause in the limited partnership agreements does not cover challenges to a special litigation committee’s recommendations, because Pennsylvania law requires such challenges to be reviewed by a court of common pleas. The concurrence emphasizes that the statutory provisions of the Limited Partnership Act preclude varying the court‑review requirement and that the Federal Arbitration Act does not override this limitation.