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.