Buttonwood Farms, Inc. v. Carson

*320SPAETH, President Judge,

dissenting:

Rather than affirm the trial court’s order, I should dismiss the appeal. I think that the issue of whether the trial court erred in denying a preliminary injunction is moot. The record discloses that the arbitration was scheduled for August 17, 1982, and both parties agree that it has been held.

Moreover, I am unable to agree with the majority’s determination that appellants will be unable to secure review of this issue unless it is considered on this appeal. It is for the court to determine whether an agreement to arbitrate was entered into and whether the dispute involved falls within the scope of the arbitration provision. See Flightways Corp. v. Keystone Helicopter Corp., 459 Pa. *321660, 331 A.2d 184 (1975). And this issue may be raised in a petition to vacate an arbitration award. See Hassler v. Columbia Gas Transmission Corp., 318 Pa.Super. 302, 464 A.2d 1354 (1983). Dismissal of this appeal therefore would not preclude consideration of the issue upon its being properly raised in a petition to vacate the arbitration award.