Bucks Orthopaedic Surgery Associates, P.C. v. Ruth

CONCURRING STATEMENT BY

KLEIN, J.:

¶ 11 fully agree with the majority’s decision to vacate the judgment and remand for trial. I also agree that this Court’s recent decision in Trombetta v. Raymond James Financial Services, Inc., 907 A.2d 550 (Pa.Super.2006), is distinguishable from the instant case. I write separately, however, to note that I believe the holding in Trombetta is incorrect and calls for *874further clarification by either an en banc panel of our Court or the Pennsylvania Supreme Court.

¶ 2 In Trombetta, a panel of this Court held that “de novo review clauses contained in arbitration agreements are unenforceable as a mater of law in Pennsylvania.” 907 A.2d at 576. In my view, this is too sweeping a statement. Precluding parties from crafting an arbitration clause to allow de novo appeal frustrates the purpose of alternative dispute resolution and contradicts the principle that parties to an arbitration clause can contract for their remedy.

¶ 3 I believe the holding in Trombetta is flawed and could discourage parties from entering into arbitration agreements. As the majority correctly notes, we are not bound by Trombetta because the arbitration clause in this case preserved the parties’ right to a judicial forum and de novo trial of all arbitrated issues, not de novo review. However, should the Trombetta issue arise again, I would strongly urge review by either a Court en banc or the Supreme Court.