The Chilutti Test Returns: The Pennsylvania Superior Court Again Adopts Heightened Scrutiny of Online Arbitration Agreements

October 28, 2026 When the Pennsylvania Supreme Court vacated the Superior Court’s en banc decision in Chilutti v. Uber Technologies, Inc., businesses may have hoped that Pennsylvania’s unusually strict approach to online arbitration agreements had been put to rest—or at least put on a lengthy hold. It has not. In Chilutti, the en banc Superior