This Note will examine the decision in In re Fellman,4 where the Superior Court of Pennsylvania determined that the issue of competency was a matter for the courts, not arbitration, to determine.5 Furthermore, this Note will explain how Fellman is consistent with cases concerning different issues, but which similarly denied arbitrators authority based upon similar reasoning.
Michael C. Kirkham,
Giving Competency Its Day in Court - In re Fellman,
1993 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1993/iss1/11