GERALD J. WEBER, U.S. DISTRICT JUDGE
This is an action alleging a breach of an automobile insurance contract in which plaintiff seeks declaratory relief, punitive damages, costs and fees, based on the uninsured motor vehicle clause. Plaintiff's complaint alleges subject matter jurisdiction based on diversity of citizenship. At all time relevant to this action, plaintiff was a resident of Pennsylvania. Defendant is an Ohio corporation doing business in Pennsylvania. The amount in controversy exceeds $ 10,000. Defendant has filed a motion to dismiss along with supporting evidentiary matter and brief, in which it is argued that an arbitration clause in the contract precludes this court from having jurisdiction over the dispute, and that it has demanded arbitration.
Defendant's contention that the court lacks jurisdiction due to the arbitration clause is incorrect. "An agreement between the parties to a contract to submit disputes to arbitration does not impair the constitutionally derived jurisdiction of a federal court. The arbitration agreement limits the scope of the court's review, not its jurisdiction." John Ashe Associates Inc. v. Envirogenics Co., 425 F. Supp. 238, 241 n.3 (E.D. Pa. 1977). See also Forms, Inc. v. American Standard Inc., 550 F. Supp. 556, 557 (E.D. Pa. 1982). Since evidentiary materials have been submitted, however, the motion to dismiss will be treated as a motion for summary judgment under F.R.Civ.P. 56. See F.R. Civ. P. 12(b).
The insurance contract at issue herein contained the following arbitration agreement: